Antis Redux Court Strategy on Orange County, NY Gas Power Plant
Antis certainly learn from one another. If an anti-fossil fuel tactic works (in court) in one place, antis in other locations jump on it like white on rice. Ninny nanny antis in the Chenango Valley School District (suburb of Binghamton, NY) got their knickers in a twist when NG Advantage proposed building a “virtual pipeline” project about a mile from one of their schools. A virtual pipe is a compressor station that compresses gas from a pipeline (the Millennium in this case) and loads it onto specially fitted tanker trucks to haul the gas to industrial users. The school paid $40,000+ for an outside-the-area law firm, which sued and in a county-level court (called “Supreme Court” in quirky NY). The Big Money law firm won the case, convincing the judge to proclaim that the local planning board didn’t do a good enough job in considering NG’s application (see Judge Rules Against Broome Virtual Pipe, NG Advantage to Try Again). Hey, it worked in Broome County, NY, so the ninny nanny antis in Orange County, NY (close to New York City) thought they would give it a try. Competitive Power Ventures is in the midst of building a $900 million natural gas-fired electric generating plant in Wawayanda, Orange County. Early on local antis sued to stop the project, but a local judge threw out the case in 2015, clearing the way for construction (see Orange County, NY Marcellus-Fired Electric Plant OK’d by Judge). Antis next tried to deny a source of fuel for the plant. They were successful in pressuring New York’s corrupt governor, Andrew Cuomo, to instruct his corrupt Dept. of Environmental Conservation, to deny a permit for a 7.8 mile pipeline to feed the plant. Eventually, in an unprecedented (and embarrassing for NY) action, the Federal Energy Regulatory Commission overruled the DEC to allow the pipeline to be built. So that avenue to stop the CPV electric plant bombed out for the antis. Back to square one. Antis are now suing the local planning board in Wawayanda, claiming they didn’t do a good enough job in reviewing the original application. Sound familiar? A court date is set for tomorrow in the case…
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Next month when New Yorkers go to the polls to cast their votes (an illusory scam in Communist NY), there will be three Propositions on the ballot. One of the three is called, “Authorizing the Use of Forest Preserve Land for Specified Purposes.” The one-paragraph description implies municipalities will have more flexibility in using “preserved” land–so long as they designate the same amount of land to be added back to the pool of preserved land. It also allows bicycle trails and public utility lines to cross preserved land. However, what the description does not say (which can be found in a full reading of the proposition) is this: the proposition “prohibits the construction of a new intrastate gas or oil pipeline that did not receive necessary state and local permits and approvals by June 1, 2016.” So no new intrastate (within the state) pipelines through preserved land, period. Ever. Even though electric lines crossing preserved land are just fine. Why is Gov. Cuomo trying to hide this from residents? Will NY residents even wake up and notice they don’t know what they’re actually voting for (or against)? That’s how sleazy politics is played in the Empire State…
For more than two years MDN has chronicled the journey of Competitive Power Ventures (CPV) to build a $900 million Marcellus gas-fired electric plant in Wawayanda, NY, called the Valley Energy Center. Early on the project faced court challenges, but a judge gave final approval to build it in September 2015 (see
This story is really rich. Consolidated Edison (ConEd) is one of the nation’s largest investor-owned energy companies. ConEd is a utility, operating in the New York City area. It is one of the largest (perhaps the largest) seller of natural gas in NYC area. In a press release that has us equally laughing and crying, ConEd floats a new plan to meet the “growing natural gas demand” it’s seeing from customers. Early in the release ConEd states the facts: “construction of new natural gas pipelines [in New York] is not keeping pace with growing demand.” Why? Because New York has a corrupt governor, Andrew Cuomo, who caters to wild radicals that give him money for his campaigns. Yes, CORRUPT. And so Cuomo issues edicts to executive agencies, like the Dept. of Environmental Conservation (DEC), to deny permits for new pipelines. Hence, NY doesn’t have enough pipelines to flow increasing demand for natural gas. ConEd just admitted that. So how does ConEd plan to solve the problem they have? Maybe anchor a floating LNG import terminal off Long Island? Nope. Virtual pipelines to haul more gas to its facilities? Nope. How about rail cars hauling CNG or LNG? Nope. Here’s the brilliance at ConEd–they want to raise everyone’s gas and electric rates so they can pay building owners to not use as much gas! What?! That’s right, ConEd has filed a rate case with the New York State Public Service Commission that requests permission to raise rates and pay people to use less natural gas. Welcome to Wonderland (i.e. New York), Alice…
In early September, a Broome County, NY judge ruled that the Town of Fenton (Binghamton area) Planning Board did not take a hard enough look at environmental and traffic issues related to their approval of NG Advantage’s plan to construct a facility in the town to compress and load natural gas onto tractor trailers for delivery to regional customers who desperately need the gas–what is called a “virtual pipeline” (see
The Andrew Cuomo-corrupted New York State Dept. of Environmental Conservation (DEC), run by NRDC gang member Basil Seggos, has just slammed the door on New York towns using brine from the Pennsylvania Marcellus. Earlier this week the DEC posted new final regulations as part of “strengthening” the state’s solid waste regulations, referred to as Part 360. Brine is another name for produced water. When you drill a hole deep in the ground, well below the water table (which sits at maybe 200 feet down), over time water from the depths (a mile or more down) will come to the surface. This is not wastewater used in fracking (called flowback), but naturally occurring water (brine). It’s called brine because it contains a lot of minerals–far “saltier” than ocean water. There are a number of ways to dispose of all that water coming out of drilled wells for years after they are drilled–dispose of it via an injection wells, recycle it, or in some cases, treat it and use it as a deicer on roadways. Many towns use brine for that purpose. The DEC’s new regulations stipulate that if a town wants to use brine from conventional oil and gas wells, that’s fine (with certain restrictions). But if the brine comes from a Marcellus Shale well–it’s banned. Keep in mind there is virtually no chemical difference between the two. Which leads us to the conclusion that this is one more very intentional swipe at the shale industry by a state that is closed for business…
As we reported in August, a Broome County, NY judge ruled that the Town of Fenton (Binghamton area) Planning Board did not take a hard enough look at environmental and traffic issues related to their approval of NG Advantage’s plan to construct a facility in the town to compress and load natural gas onto tractor trailers for delivery to regional customers who desperately need the gas–what is called a “virtual pipeline” (see 
Finally the Federal Energy Regulatory Commission (FERC) has had enough shenanigans from the corrupted New York Dept. of Environmental Conservation (DEC). In a historic, precedent-setting decision, on Friday FERC overruled DEC’s denial of a water permit for Millennium Pipeline’s tiny 7.8 mile pipeline spur from the main Millennium Pipeline to a natural gas power plant under construction in Orange County, NY. On Wednesday, Aug. 30, the DEC issued a denial letter to FERC and Millennium. In it, they claim that FERC’s review of the power plant project (that the pipeline will feed) is deficient based on a recently-decided court case about a pipeline project in Florida (see
West Virginia Dept. of Environmental Protection’s (WVDEP) capricious decision to yank a permit it previously granted for the Mountain Valley Pipeline is “the last straw” according to the legal beagles at the Blank Rome law firm. Last week WVDEP, under pressure in a lawsuit brought by the radical Sierra Club, decided to revoke a previously granted water crossing permit (see
Well they did it. Yesterday at a regularly scheduled meeting of the Delaware River Basin Commission (DRBC), representatives for the five voting members voted to begin the process of formalizing a permanent ban on fracking in the Delaware River Basin. It wasn’t unexpected, but it was hotly contested–by both sides in the debate. As we’ve previously chronicled, the DRBC is composed of five voting members: the governors of Pennsylvania, New York, Delaware, New Jersey, along with the U.S. Army Corps of Engineers. The governors all sent people to represent them at the meeting, with clear instructions. The three Democrat governors–Tom Wolf (PA), Andrew Cuomo (NY), and John Carney (DE) all voted in favor of a resolution to take the next step in the process of a permanent ban, voting to adopt a draft resolution MDN previously shared (see
Who knew there was ANYBODY who supported a virtual pipeline project in Broome County, NY?! As MDN recently reported, a Broome County judge ruled that the Town of Fenton (Binghamton area) Planning Board did not take a hard enough look at environmental and traffic issues related to their approval of NG Advantage’s plan to construct a facility in the town to compress and load natural gas onto tractor trailers for delivery to regional customers who desperately need the gas–called a “virtual pipeline” (see 
Iroquois Gas Transmission is not waiting for the Constitution Pipeline to get built–they’ve found a way around it. At least for some of the supply they hopped to get from the Constitution. Iroquois is a 416-mile interstate natural gas pipeline extending from the U.S.-Canadian border at Waddington, NY, through New York State and western Connecticut to a terminus in Commack, NY (Long Island), and from Huntington (on Long Island) to the Bronx, NY. It is an important pipeline in the Empire State. Iroquois was in line to receive some of the 650 million cubic feet per day (MMcf/d) of natural gas the Constitution would flow from northeast PA to Schoharie County, NY, where the Constitution would connect to both the Iroquois and Tennessee Gas Pipeline. We’re not sure how much of the 650 MMcf/d Iroquois was supposed to get, but right now and for the foreseeable future, they’re getting nothing, thanks to a corrupt governor who has corrupted New York’s environmental agency which has denied the Constitution a necessary permit to build. Iroquois has found a way to replace at least some of that volume–by trucking it in. That is, a “virtual pipeline” which is now feeding the Iroquois, and in-the-ground pipeline. Usually it’s the other way around! Iroquois is getting up to 50 MMcf/d from Xpress Natural Gas (XNG), which is trucking the gas from a facility in northeastern PA (Susquehanna County). Here’s a story you’ll read first (perhaps only) on MDN–of how a virtual pipeline is now feeding an interstate pipeline in New York State with fracked gas from Pennsylvania…
The New York Dept. of Environmental Conservation (DEC) is tap dancing to explain why they refused to grant a water crossing permit for a 7.8-mile pipeline in Orange County to Millennium Pipeline Valley Lateral Project, yet a few days before that refusal they granted a water crossing permit to Millennium for the Eastern System Upgrade, which includes 7.8 miles of looping pipeline in yes, Orange County! The Millennium Pipeline stretches ~244 miles from Independence in Steuben County, NY to Buena Vista in Rockland County, NY. The Millennium, which is supplied by local production (much of it Marcellus Shale gas) and storage fields and interconnecting upstream pipelines, serves customers along its route in New York’s Southern Tier region and helps meet the energy needs of northeast markets. In August 2016, Millennium filed an application for what it calls its Eastern System Upgrade (see
On August 30th the New York Dept. of Environmental Conservation (DEC) issued a refusal to grant a water permit to Millennium Pipeline to build a tiny, 7.8 mile pipeline spur from the main Millennium Pipeline to an under-construction natural gas-fired electric generating plant in Orange County (see