New York

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    NY Update: Norse/JLCNY Lawsuit Hearing Date Set for April 25

    Sadly, politics in New York State have become so corrupt that even the State Attorney General, Eric Schneiderman, actively works against the interests of the people he’s sworn to protect–the citizens of New York State. Late last year Norse Energy sued Gov. Andrew Cuomo, DEC Commissioner Joe Martens and State Health Commissioner Nirav Shah over their collusion to stop shale drilling in the state (see Norse Energy Sues Gov. Cuomo to Force Release of Fracking Regs). Later, the 70,000-member Joint Landowners Coalition of New York joined that lawsuit (see D-Day: JLCNY Files Lawsuit Today Against Cuomo, Martens, Shah).

    How has AG Schneiderman reacted? By filing to dismiss the lawsuits and delay (see NY Attorney General Files to Dismiss Norse Lawsuit, More Delays). It’s utterly shameful. The lawsuit was scheduled for a hearing first in January, then moved to February, then March, and now April. It appears Norse and the JLCNY, whose cases are now tied together, will finally get a hearing at the end of April–on the 25th…
    Read More “NY Update: Norse/JLCNY Lawsuit Hearing Date Set for April 25”

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    Chautauqua County Fed Pack of Lies about Fracking, Considers Ban

    And so it begins. MDN told you yesterday about the City of Dunkirk, NY that has bitten off the natural gas hand that feed them–by passing a fracking ban (see Dunkirk, NY City Council Bites Off the NatGas Hand that Feeds It). The dolts on Dunkirk City Council said they want the entire county–Chautauqua County–to follow suit and ban fracking countywide. County legislators attended a special session Wednesday night where they heard some truth, and a whole lotta lies, about hydraulic fracturing.

    Here’s how it went…
    Read More “Chautauqua County Fed Pack of Lies about Fracking, Considers Ban”

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    Dunkirk, NY City Council Bites Off the NatGas Hand that Feeds It

    bite off the hand that feeds youTalk about biting (off) the hand that feeds you. Get this one: The dunderheaded City Council members of Dunkirk, NY (near Buffalo) voted yesterday to ban fracking. Not only that, they want the entire county to follow suit! City Council members recited, almost chapter and verse, the same worn-out old lies told in Gasland, the fictitious movie from Josh Fox. After reading their comments we’re left to think the sum total of research done by the braintrust in Dunkirk into fracking was to munch popcorn and watch a movie. They apparently bought it hook, line and sinker. What dolts.

    Here’s the thing. Three months ago almost to the day Andrew “can’t make a decision” Cuomo visited Dunkirk to tell them that the coal-powered electric generating plant that was about to close, and take some 40% of the local tax contributions to the City with it, had his lordship’s permission to convert to burning natural gas–fracked gas–instead (see Dunkirk, NY Electric Plant Saved – Converting from Coal to NatGas). City Council rejoiced. “Yah! We get to keep 40% of the taxes that would have disappeared overnight!” And now? “Ban that evil, nasty fracking.” The very same fracking that will bring natgas from other states to Dunkirk so they can burn it to make electricity. Maybe that electric plant should reconsider its decision and close after all. Hmmm….
    Read More “Dunkirk, NY City Council Bites Off the NatGas Hand that Feeds It”

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    Leatherstocking to Tap Constitution Pipeline for Local Deliveries

    Rural residents (and an aerospace manufacturer) located in New York’s Southern Tier and Central New York areas have a lot to be thankful for with the upcoming Constitution Pipeline–a natural gas pipeline that will deliver natural gas from the Marcellus Shale gas fields of Susquehanna County, PA all the way to two major interstate pipelines near Schoharie, NY (see New Marcellus Constitution Pipeline Announces “Final” Route). Williams is building the 124-mile pipeline with backing from Cabot Oil & Gas, whose gas will flow through it.

    However, a regional gas pipeline company (think gas utility) founded just a few years, Leatherstocking Gas, will tap into the Constitution at (so far) four different locations along the pipeline so they can deliver that homegrown Marcellus gas to rural customers who are not being served by the big utilities like New York State Electric & Gas (NYSEG, owned by Iberdrola). Yesterday Williams and Leatherstocking announced the deal to tap into the Constitution Pipeline in four locations…
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    NY Attorney General Files to Dismiss Norse Lawsuit, More Delays

    The government of the State of New York–or rather certain government officials–continue to deny justice to residents in the state. The state’s supposed chief defender of the law, Attorney General Eric Schneiderman, unbelievably has filed a motion to dismiss the Article 78 case filed by Norse Energy that would compel Gov. Andrew Cuomo, DEC Commissioner Joe Martens and State Health Commissioner Nirav Shah to stop their intentional obstruction and finalize shale drilling rules. Norse, and the residents of New York, have been denied justice for 5 1/2 long years, and now Schneiderman doesn’t even want to allow those people their day in court. The attempt, if successful, would be an unimaginable miscarriage of justice by the highest officials in the state. It is, in fact, government tyranny of its residents.

    Norse’s legal beagle, Tom West, has filed a counter motion to the AG’s motion that points out the arrogance and huge legal holes in the AG’s arguments. In addition to delaying a hearing that was first set in January, then moved by the court to March, and now moved again to “sometime in April,” the court that will hear the case (Albany County Supreme Court) has decided to join a similar case brought by the 70,000-member Joint Landowners Coalition of New York to the Norse Energy case. West believes the AG will try to dismiss the JLCNY case as well (Schneiderman has no shame and actively works against his own constituents). Below is an update from The West Firm along with an announcement from the JLCNY about the further delay in their case…
    Read More “NY Attorney General Files to Dismiss Norse Lawsuit, More Delays”

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    Political Opposites Unite to Form Pro-Fracking Group in NY

    The 70,000-member Joint Landowners Coalition of New York (JLCNY), along with the Broome County Farm Bureau and several Southern Tier labor unions formed a new group (perhaps confederation is a better word) yesterday called Southern Tier Residents for Economic Independence. The new group illustrates how the fracking issue unites groups of people that often are on opposite sides of the political spectrum. Many labor unions are pro-fracking, a little-known secret anti-drilling “environmentalist” groups like to hide since labor unions usually swing Democrat/Liberal with their voting block. The fact that unions are defecting to “the other side” on this issue is causing heartburn inside anti-fracking central–places like Citizen Action of New York and the Park Foundation. Such anti-drilling groups haughtily believe they “own” the labor unions. Problem is, rank and file union members didn’t get that particular memo.

    Here’s the story of people with different political philosophies reaching across the isle for a righteous cause–shale drilling in NY…
    Read More “Political Opposites Unite to Form Pro-Fracking Group in NY”

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    Binghamton Newspaper’s Informal Fracking Poll – Cast Your Vote Now

    Just a quick word of encouragement to participate in an informal poll on the Binghamton Press & Sun-Bulletin website that asks the question: “Should New York approve natural gas drilling?” This poll has been active since late last week, so we expect them to shut it down at any time–be sure to vote right away (if that’s your pleasure). As of this morning, some 18,133 people had voted. Here was how the results stood…
    Read More “Binghamton Newspaper’s Informal Fracking Poll – Cast Your Vote Now”

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    Constitution Pipeline Payments to Groups – Donations or Payola?

    money bagWhat do you call it when a company pays money to local organizations and agencies before the project has been fully approved by federal, state and local agencies? These payments, mind you, are not fees for permits or licenses, but voluntary chunks of money offered to groups that may be affected by the project if it’s built–in this case a pipeline. Is it called, Good corporate citizenship? Being a responsible member of the local community? Or perhaps, payola?

    Regardless of what you call it, the Constitution Pipeline, a desperately needed natural gas pipeline that will run from the gas fields of Susquehanna County, PA to central New York where it will connect to two major interstate pipelines, has now paid out more than $1 million in “community grants” to help build support for the pipeline. Is that a good thing, or bad? We think it’s time to have that discussion…
    Read More “Constitution Pipeline Payments to Groups – Donations or Payola?”

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    Sandra Steingraber’s Big Gaffe at You Defend It Debate

    A few days ago we gave you our eyewitness account of a debate between John Holko, president of Lenape Resources and Sandra Steingraber, author, erstwhile biologist and Rachel Carson wannabe (see Fracking Debate at Binghamton U: Holko vs Steingraber). It was a good debate to illustrate the utter lack of credibility and facts used by anti-drillers like Steingraber. In writing up our review, we overlooked perhaps the most outrageous and silly thing Steingraber said Monday night. She was pressing home the point she believes it’s time, right now, for New York to flip the switch and end the use of all fossil fuels (yes, she’s that “out there”). Debate moderator Rob Kilmer was somewhat incredulous and asked her if/how we might accomplish such a feat. She responded there is historical precedence–that at one time in our country’s (evil, vile) history, we could not conceive of a national economy without slave labor–and in the same way we overcame that morally abhorrent practice, we can overcome using fossil fuels today–apparently something equally abhorrent for Steingraber. You read that right–she equated burning fossil fuels for energy (something every single person reading this does, including Steingraber) with the enslavement of Africans in our distant past. How twisted is that?

    Our good friend Tom Shepstone from the must-read Natural Gas Now website brings us his view of the debate and recounts Steingraber’s “gilding of the lily” with her slavery comment…
    Read More “Sandra Steingraber’s Big Gaffe at You Defend It Debate”

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    MDN Plants a Big Fat Kiss on Access Midstream

    Because it’s Friday and we’re in a jovial mood, we’ve decided to award an “at-a-boy/girl” award today, to… Access Midstream. A few years ago Chesapeake Midstream was spun off into it’s own company and later renamed Access (see Chesapeake Midstream Changes Name to Access Midstream). Access has a serious presence in the Marcellus and Utica Shale region, among other shale basins across the country.

    So why the recognition today? Because even though New York politicians like Gov. Andrew “can’t-make-a-decision” Cuomo have obstinately refused to allow shale drilling in the state, Access is building a new office building in Big Flats, NY, near Corning/Elmira. The location happens to be close to the PA border and of course Access will use the office as a regional HQ for its operations in northeastern PA. Access already has a presence in the Big Flats area and has had for several years. They’ve decided it’s time to build a new regional HQ and consolidate several locations into one. The point is, Access could just as easily have built their new building a few miles away in PA, which is what 99.9999999% of other industry-related companies have done (NY is the BIGGEST loser). However, Access decided to throw us NYers a bone and build their facility, employing 135 people, in our high tax, business-unfriendly and drilling hostile state. And so we say, thank you! And, are you crazy?!…
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    NY Attorney General Actively Works Against 70K NY Landowners

    chained dogAs hard as it is to believe, New York’s Attorney General continues to work against his own constituents. We’ve known since his election that Democrat Eric Schneiderman is anti-drilling–what we didn’t know was was how much of an activist he would be, using his office to further his own distorted views on oil and gas drilling. He’s misused the power of the subpoena to go after drillers (see NY Attorney General Schneiderman Subpoenas Shale Drillers). He’s abused the power of his office to investigate town board members in towns that voted to “wait and see” (i.e. not ban) shale drilling (see NY Attorney General Investigates Towns Who Won’t Ban Fracking).

    Now, unbelievably, he has asked the court (and succeeded) in delaying a lawsuit brought by 70,000 New York residents–the people he’s sworn to protect–against Gov. Andrew Cuomo. It seems that Cuomo is the only person in the state Schneiderman wants to protect. He’s Andy’s personal junk yard guard dog–on a not-so-short leash. The Joint Landowners Coalition of New York (JLCNY) recently sued Cuomo with an Article 78 lawsuit, in essence asking the court to force Cuomo to do the job he won’t do and release new oil and gas drilling regulations (see D-Day: JLCNY Files Lawsuit Today Against Cuomo, Martens, Shah). Schneiderman has gotten the court to delay any action on the lawsuit from March 7 to April 4, to give Schneiderman and his lieutenants, what, more time after 5 1/2 years?…
    Read More “NY Attorney General Actively Works Against 70K NY Landowners”

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    Fracking Debate at Binghamton U: Holko vs Steingraber

    Last night MDN editor Jim Willis attended a “You Defend It” debate at Binghamton University between pro-driller John Holko, president of Lanape Resources (Buffalo area), and anti-driller Sandra Steingraber, a so-called “scholar in residence” at Ithaca College and founder of New Yorkers Against Fracking. The debate was on the topic of whether or not New York should allow high volume hydraulic fracturing (shale fracking). The format was interesting and refreshing–NO audience participation allowed. No cat calls or clapping or hooting characteristic of hippie anti-drillers was allowed. Also, the debaters were not allowed to question each other or respond to the other’s arguments. It was the moderator (Binghamton attorney Rob Kilmer) asking them questions in turn–and that’s it. The audience, which MDN would estimate at 250-300 people, heard the best pro and con arguments from both sides. Refreshing. And, enlightening.

    If we could step back and make an observation about the poise and demeanor of the debaters, John Holko was relaxed and worked from no notes. Sandra Steingraber, whom we have perhaps uncharitably called nutty, was nuttier than ever. She looked tense and had many notes and every response to a question started and ended with how fracking leads to an environmental holocaust that’s killing Mother Earth. When grilled by Kilmer as to why fracking doesn’t seem to be creating widespread damage in Pennsylvania the way she portrays it would in New York, she responded (amazingly) it really is. Steingraber maintains “everyone” is hushed up by legal gag orders in PA that don’t allow residents to tell the truth of what’s happening. So you see, she was simply off the rails–yet again…
    Read More “Fracking Debate at Binghamton U: Holko vs Steingraber”

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    US Sec of Energy Moniz Gives Cuomo Swift Kick over Fracking Delay

    U.S. Secretary of Energy, Ernest Moniz, gave NY Gov. Andrew “Can’t-Make-a-Decision” Cuomo a metaphorical kick in the rear yesterday by saying Cuomo ought to consider the economic prosperity fracking has brought to Pennsylvania. He also said fracking can and is being done safely–that it’s “manageable.” In other words, wise up Andy.

    Three cheers for Ernie! Here’s what Moniz told Politico’s Capital New York publication:
    Read More “US Sec of Energy Moniz Gives Cuomo Swift Kick over Fracking Delay”

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    Shame & IgnomiNY: Cuomo Sued by 70K NY Residents over Frack Delay

    The shame and ignominy of being sued by residents of your own state to do you job. That’s what happened to Gov. Andrew “Can’t Make a Decision” Cuomo on Friday when the 70,000-member Joint Landowners Coalition of New York filed an Article 78 lawsuit last Friday (see D-Day: JLCNY Files Lawsuit Today Against Cuomo, Martens, Shah). You might think 70,000 residents suing a governor would be important news–even the whiff of something like that should rate at least a mention in the news, right? If you live in Binghamton (where the JLCNY is headquartered), and your newspaper is a local liberal Gannett newspaper–that answer would be: “wrong.” In the lead-up to the lawsuit being filed, the Binghamton Press & Sun-Bulletin obstinately (and angrily) refused to cover the story. They censored it. It was only after MDN friend and intrepid blogger Andy Leahy, writer of NY Shale Gas Now! prodded and poked and agitated the great dragon did they finally deign to post an article about the lawsuit.

    The article finally appeared in the Saturday, Feb 15 edition (the day no one reads the paper). To their credit, it was a front-page story–“above the fold.” But it was tucked along the right side (see the front page of that issue below). What, you may ask, was the all-important lead news item dominating the front page, taking up more than half of the editorial space? An open house at Binghamton University. Talk about journalistic integrity and keen insight–people with a real bead on what’s important for readers. Those editors at the PSB, there’re a sharp bunch…
    Read More “Shame & IgnomiNY: Cuomo Sued by 70K NY Residents over Frack Delay”

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    Setting the Record Straight on PA Drill Cuttings Going to NY Landfill

    Every now and again it’s necessary to run around and clean up the poopy mess made by reckless and inaccurate claims from anti-drillers. It’s a distasteful but necessary job that needs to be done, otherwise the mental feces they leave strewn all around would begin to pile up.

    With respect to inaccurate claims made by anti-drillers (with faux outrage) over drill cuttings (leftover rock and dirt) from PA shale wells that go to the Chemung County Landfill just across the border in NY, Chemung County Executive Tom Santulli is on clean-up duty. Hey, somebody has to do it, so with plastic bag in hand…
    Read More “Setting the Record Straight on PA Drill Cuttings Going to NY Landfill”

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    D-Day: JLCNY Files Lawsuit Today Against Cuomo, Martens, Shah

    Gavel fallingToday the 70,000 members of the Joint Landowners Coalition of New York (JLCNY) will finally launched their legal offensive against a recalcitrant governor, commissioner of the DEC, and the state health commissioner. D-Day will, of course, forever be associated with the first day of the World War II Allied Forces landing on the beaches of Normandy, France–June 6, 1944. We are in no way comparing the current action by the JLCNY with that momentous day which included incredible sacrifices by brave American (and other country’s) troops. However, D-Day is also a generic military term that means the day on which a combat attack or operation is to be initiated. It is in that sense we say that today is legal D-Day for the JLCNY and pro-drilling landowners. This IS a battle, it IS important with incredibly high stakes, and it does seem as though the odds are stacked against us. However, we have our own allied legal forces and we, as pro-drilling landowners in New York, are determined to win. And win we will!

    The lawsuit will be filed in Supreme Court in Albany County, NY. (Oddly enough, Supreme Court is a lower court in New York–one step up from county court.) What a badge of shame for Cuomo, Martens and Shah to be sued by residents of their own state, pleading with the courts to force them to do the job they were elected (or appointed) to do. Below is the overview statement from JLCNY’s lead attorney Scott Kurkoski, a partner at Binghamton law firm Levene Gouldin & Thompson. It outlines the legal arguments the JLCNY will use in their Article 78 lawsuit to force compliance with established law and force the release of the SGEIS shale drilling regulations. Below the overview are copies of the lawsuit paperwork being filed today (three documents in all). We wish Scott and the JLCNY Godspeed and good luck–we’re cheering the whole way, and you should be too…
    Read More “D-Day: JLCNY Files Lawsuit Today Against Cuomo, Martens, Shah”