New York

  • | | | | |

    Gas Drilling Supporters Outnumber Those Opposed at Honesdale DRBC Hearings, Roundup of Yesterday’s Hearings in PA and NY

    Yesterday saw the first round of hearings by the Delaware River Basin Commission (DRBC), four hearings total—two in Honesdale, PA and two in Liberty, NY (afternoon and evening sessions at both locations). The hearings were for public comment on the DRBC’s proposed new extra layer of drilling regulations for Marcellus Shale gas wells drilled within the Delaware River watershed, which includes portions of Pennsylvania and New York where Marcellus drilling occurs.

    Read More “Gas Drilling Supporters Outnumber Those Opposed at Honesdale DRBC Hearings, Roundup of Yesterday’s Hearings in PA and NY”

  • | | |

    Hydraulic Fracturing Debate at SUNY Cortland, Ingraffea vs Siegel

    Yesterday, a debate on horizontal hydraulic fracturing (“fracking”), the process used to extract natural gas from the Marcellus Shale, was held on the campus of the State University of New York at Cortland. “Debating the Pros and Cons of Gas Drilling” featured Professor Anthony R. Ingraffea from Cornell University on the anti-drilling side, and Professor Donald Siegel from Syracuse University on the pro-drilling side. Unfortunately MDN could not be in attendance. Since those opposed to drilling focus almost exclusively on the issue of fracking, one would expect this event to be heavily covered by the media. But checking news sources in the Binghamton, Cortland, Syracuse and Ithaca areas finds only a single report from all of the news outlets, from Binghamton’s WBNG-TV Channel 12 (embedded below).

    Read More “Hydraulic Fracturing Debate at SUNY Cortland, Ingraffea vs Siegel”

  • | | | | | | | |

    PA Marcellus Gas Coming to Broome County, NY via New Gathering Pipeline

    Laser NY-PA Gathering LineThe Town of Windsor, located in Broome County, NY is about to get a new natural gas pipeline built that will connect gas wells across the border in PA (where drilling is happening) to the Millennium Pipeline which runs through Broome County. Yesterday the New York Public Service Commission (PSC) gave the green light for construction to begin*. The pipeline, being built by Laser Northeast Gathering Company, will be about 9.8 miles long on the New York side of the border, out of a total 33 miles.
    Read More “PA Marcellus Gas Coming to Broome County, NY via New Gathering Pipeline”

  • | | | | | |

    Broome County, NY Landowners Sue Energy Companies that Try to Extend Expired Leases with “Force Majeure” Clause

    force majeureMany landowners in the Broome County, NY area who signed gas leases years ago are now receiving letters from the energy companies holding those leases that the landowner is “locked in” to the terms of the lease even though the original term has now expired. Why? The legal term is “force majeure,” which roughly means “due to circumstances beyond our control—the fact that New York State continues to prevent drilling—you have to stick with us for a while longer.” Because this involves contracts and interpretation of the terms of those contracts, it’s now in the hands of lawyers, or heading in that direction.

    Read More “Broome County, NY Landowners Sue Energy Companies that Try to Extend Expired Leases with “Force Majeure” Clause”

  • | | |

    Free Bus Ride from Binghamton Area to DRBC Hearings in Liberty, NY on Feb 22 for Pro-Gas Supporters

    MDN received the following email from the Joint Landowner Coalition of New York, offering free bus rides to the Delaware River Basin Commission (DRBC) hearings scheduled for Tuesday, Feb. 22 in Liberty, NY. Pickup locations include Binghamton, Windsor and Deposit, NY. The hearings are to accept public comments on the DRBC’s draft regulations that will govern drilling in the Marcellus Shale within DRBC-controlled areas. The DRBC adds an extra layer of regulation for drilling within watershed areas as part of it’s charter to protect water supplies. As Dan Fitzsimmons points out, it’s important for those who support drilling to make their voices heard at the DRBC hearings.

    Read More “Free Bus Ride from Binghamton Area to DRBC Hearings in Liberty, NY on Feb 22 for Pro-Gas Supporters”

  • | | | |

    Anschutz Exploration Responds to Lawsuit Claiming Drilling Operations Contaminated Water Wells in Big Flats, NY

    Yesterday MDN ran an article about a lawsuit filed in Chemung County, NY against Denver-based Anschutz Exploration Corporation (see here). The New York City personal injury law firm Napoli Bern Ripka & Associates recently filed a lawsuit on behalf of nine families in the Big Flats, NY area who are experiencing problems with their water wells.

    Read More “Anschutz Exploration Responds to Lawsuit Claiming Drilling Operations Contaminated Water Wells in Big Flats, NY”

  • | | | |

    Supposed “First Claim” Filed in New York Alleging Water Contamination from Hydraulic Fracturing Gas Drilling

    UPDATE: The headline and assumptions made for this article were based on lack of information and misinformation. The wells drilled by Anschutz were not hydraulically fractured, and the Trenton Black River formation is a limestone formation, not shale as stated in the law firm’s press release. Please see this article for more details: Anschutz Exploration Responds to Lawsuit Claiming Drilling Operations Contaminated Water Wells in Big Flats, NY.

    A New York City personal injury law firm has filed a claim on behalf of nine families located in the Elmira, NY area against Anschutz Exploration Corporation, alleging that Anschutz contaminated their drinking water from natural gas drilling activities. The Anschutz drilling is in the Trenton Black River shale formation, not the Marcellus. So why is this news item included in MDN? Because it involves hydraulic fracturing of horizontally drilled natural gas wells, the same method used for drilling in the Marcellus. The Trenton Black River formation is about 10,000 feet down, the Marcellus “only” 5,000 feet down. So opponents of drilling will try to use this to paint all hydraulic fracturing, for any drilling (natural gas or oil, Marcellus or otherwise) as unsafe. Their aim is to ban the practice. The aim of the law firm is to shake down a drilling company and get as much cash as they can. The aim of the families affected is to get safe drinking water. Everyone has an agenda.

    Read More “Supposed “First Claim” Filed in New York Alleging Water Contamination from Hydraulic Fracturing Gas Drilling”

  • | | |

    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?”

  • | | |

    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)”

  • | |

    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”

  • |

    Oxford Landowner Coalition Merges with CNY Land Coalition

    Two very active landowner groups in Upstate New York have agreed to merge. Here’s the official letter from CNY Land Coalition President Brian Conover:

    Oxford Coalition Is Merging With The CNY Landowner’s Coalition

    In what promises to be a win-win for both coalitions, the Oxford Coalition, which has been under the leadership of Bryant LaTourette, is merging with our coalition. Serious discussions for this merger began about 7 weeks ago and after a number of very positive conversations, both sides have agreed that we can accomplish more for our common cause if we work as one.

    Read More “Oxford Landowner Coalition Merges with CNY Land Coalition”

  • | | | |

    Broome County, NY May Sign a Deal to Lease County-Owned Land for $15.9M

    Lately it’s not been often MDN has reported on lease deals in New York State, due to the ongoing opposition of New York politicians to drilling in the state. So it’s with some surprise, and pleasure, that we noticed an article in today’s paper that Broome County, New York may soon sign a deal with Inflection Energy:
    Read More “Broome County, NY May Sign a Deal to Lease County-Owned Land for $15.9M”

  • | | | | |

    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

  • | | | |

    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

  • | |

    New President and Board Members for Central New York Landowner’s Coalition

    MDN received the following email noting changes in the leadership of the Central New York Landowner’s Coalition:

    Transition In The Leadership of the Central New York Landowner’s Coalition
    Bringing you up-to-speed on these recent developments.
    June 3, 2010

    Just two weeks ago, a special meeting was held at the office of Levene, Gouldin and Thompson, our coalition’s legal representation. Present at the meeting were our attorney, steering committee members (Todd Barnes, Charlie Rowe, Hank Tumilowicz, Kern Walling, Abbie Tamber and Brian Conover) along with some of the more active members of our landowner forum. After discussing specific ways to help our coalition become stronger, the committee voted on certain leadership changes that you need to be aware of.

    After 2 years of sacrificial and loyal service, Richard Lasky, our coalition president stepped aside from his position. His farewell note follows this notice.  Richard is known for investing his personal time, finances and talents to grow the coalition from the ground up to where it is today. This coalition would not be all it is without his leadership, dedication and sacrifice. Following the acknowledgment of this decision, the steering committee nominated and voted Brian Conover as our current president. Brian has served with Richard and the steering committee for the past two years.

    After much positive discussion between the forum members and the steering committee, the steering committee members present saw an opportunity for the forum individuals to rise to the occasion and give of their energy and perspective to help advance the coalition. The greatest tasks of the coalition have already been accomplished: our lease is completed, our members and community have been educated, our coalition has grown to the largest coalition in New York State, and our hard-working committee members receive credit along with Mr. Lasky for these accomplishments. However, recognizing the future needs of the coalition to grow our political voice and continue to fill in our coalition acreage, the steering committee encouraged these individuals to fill their positions and continue the purposes to which they dedicated over two years of their life advancing. The landowner forum representatives then formed an advisory committee that worked in coordination with our attorneys and Brian Conover to give immediate direction and helped establish a new formal steering committee. The new steering committee members are … Steve Gage, Chris Babcock, Lee Schultz, Scott Utter, Sean Campbell along with Wilma Gorrell and Brian Conover from the previous committee.  Additional committee members will be added in the future as representatives for various areas of the coalition range.

    Please know that our commitments to the landowners of this coalition are unchanged. We do appreciate your loyalty to the coalition purposes as well as your understanding through this transition. Another newsletter update will be arriving in the near future announcing the JLC Albany rally on June 9th and also promoting our coalition values and direction for the future.

    Grateful for all that has been done – excited about our future,

    Brian Conover

    —–

    Farewell Note From Richard Lasky

    Two years ago, a small group of committed landowners assembled in my living room to contemplate a growing crisis: landmen were combing our hills and valleys and leasing land from folks who had no idea of the issues surrounding natural gas, or how to effectively form a business partnership with an energy company. Destitute farmers and elderly people were gleefully signing over their mineral rights without understanding how to ask for protections for land, air and water and for pennies and dollars per acre. As we sat and faced the music – we knew we had a choice: bury our heads in the sand and let the events unfold – or spring into action and create an educational outreach program to make formidable partners of landowners around the central and southern parts of NY who could face energy companies with knowledge, fortitude, and power. Many times in my life I have recalled the words of Johann Wolfgang von Goethe, a German playwright and poet who said, “What is my life if I am no longer useful to others.”

    That sentiment in mind, two years later, it is clear which path we struck. Today, I am proud to have presided over the Central NY Landowners Coalition (CNY) which has grown to almost 170,000 acres of land, comprising the largest regional coalition in the state.  To the members of CNY, I pledged to make sure that people who did not know how to protect themselves could be given all the information they needed so that they could make the right choice about leasing their land.

    It has been my passion to bring hope to this area; hope that we can rise above the economic challenges of our day, hope that we can protect our environment and way of life through this drilling endeavor and hope that the future of our great state will, one day, exceed anything in its glorious past. Although I leave behind my term as president of the Central NY Landowners Coalition, that hope in me yet lives on. I thank you for your work, for your support but mostly for your friendship. I wish you all Godspeed.

    Richard Lasky

  • | | | | | | | | |

    East Resources Sells to Royal Dutch Shell for $4.7 Billion, Deal Includes All of East’s Marcellus Shale Operations

    East Resources, a major drilling company in the Marcellus Shale, especially in Pennsylvania, is selling itself to Royal Dutch Shell for a whopping $4.7 billion. From drilling a single horizontal Marcellus Shale gas well in 2009, East has drilled some 75 horizontal wells in the past 12 months. East did have plans to drill 6,000-7,000 wells in Tioga County, PA over the next “several years” (see this MDN story). No word on the planned drilling for Tioga County and other regions, but MDN assume Shell did not invest in East to not drill. In fact, the pace of drilling may well pick up with Shell’s investment.

    From the East Resources press release:

    East Resources, Inc., a Pennsylvania-based independent oil and gas producer and one of the most active explorers in the Marcellus Shale, along with its private equity investor Kohlberg Kravis Roberts & Company, signed a definitive agreement to sell the company’s principal subsidiaries to an affiliate of Royal Dutch Shell plc (“Shell”) for cash consideration of $4.7 billion. The sale includes East’s natural gas and oil exploration and production operations and most of its holdings in related businesses. With the purchase of East Resources, Shell will acquire approximately 650,000 net acres of Marcellus Shale rights in Pennsylvania, West Virginia and New York, and 1.05 million acres in total.

    East Resources, founded in 1983 by Terrence M. Pegula, has been one of the Appalachian Basin’s most active exploration and production companies for more than 25 years. Since its inception, East has grown primarily through its exploration successes, several strategic acquisitions, and most recently the development of the Marcellus Shale.

    East Resources employs approximately 300 office and field personnel in Pennsylvania, West Virginia, New York and Colorado. Its principal offices are located in Warrendale, PA, Broomfield, CO and Parkersburg, WV. Shell will continue to operate with East’s workforce to ensure continuing success in the growth and development of the reserves it will acquire in the purchase.

    The sale of East Resources to Shell is expected to close in two phases. The first phase of the sale will be completed in mid- to late summer. The second phase of the sale, including the sale of the West Virginia business, will close later this year, pending certain regulatory approvals.

    “The sale of the company to Shell will ensure that the capital needed to develop East’s significant Marcellus Shale holdings will be available,” says Mr. Pegula, East’s owner and Chief Executive Officer. “Shell’s entry into the region should benefit Pennsylvania, West Virginia and New York through significant new capital investment, new jobs and new business opportunities. I am very proud that this transaction has brought Shell into the Appalachian Basin.”

    President of Shell Oil Company, Marvin Odum commented, “East Resources’ management has built an excellent organization which we are pleased to have as we enter the northeast US and specifically the Marcellus Shale play.”*

    *East Resources Press Release (May 28) – East Resources Inc announces sales agreement with Royal Dutch Shell plc