New York

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    JLCNY Prepares to File Lawsuit Against Gov. Cuomo Tomorrow

    The Joint Landowners Coalition of New York, a 70,000-member strong confederation of landowners who want to move forward with shale drilling, is slated to file an Article 78 lawsuit tomorrow against Gov. Andrew Cuomo, Dept. of Environmental Conservation Commissioner Joe Martens, and State Health Commissioner Nirav Shah. As MDN previously explained, an Article 78 essentially forces recalcitrant (and perhaps inept) elected officials to perform their sworn duties (see JLCNY Lawsuit Imminent – But Not the One You Thought).

    The JLCNY is being given an assist with their lawsuit by the Mountain States Legal Foundation. Just two weeks ago the JLCNY put out the call to raise another $18,000 for legal expenses, and by golly, they got it…
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    Q-Poll Shows NYers Think Cuomo is Foot-Dragging on Fracking Issue

    foot draggingThe latest statewide Quinnipiac University poll of New York residents finds a majority of NYers believe Cuomo is indecisive–that is, he’s intentionally dragging his feet on making a decision about whether or not to allow shale drilling in the state. A smaller percent still buy his line about “carefully evaluating” the situation. Translation: There are 32% of us living in NY (who don’t smoke pot) who know that nearly 6 years is long enough for a decision to be made. We can see through the transparently pathetic attempt at stalling for political purposes. Some 23% think Andy’s jest bein’ xtra careful (that’s the hippie greenies). Then there’s the 42% who don’t have an opinion either way–yet. Our best hope is to swing those people to the truth side of the debate.

    Here’s the latest Q-poll results on the topic of shale drilling in NY:
    Read More “Q-Poll Shows NYers Think Cuomo is Foot-Dragging on Fracking Issue”

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    Marcellus Gas to the Rescue: WNY Customers Avoid Step Price Jump

    National Fuel Gas Company is a large, integrated energy company with its HQ in Buffalo, NY. They have operations spanning from upstream (Seneca Resources, a major Marcellus Shale driller) to midstream pipelines to a downstream utility company serving customers in western New York State and northwestern Pennsylvania. A story from the NFG utility company caught our eye today. NFG is putting the word out to its hundreds of thousands of customers that they might want to consider hopping on the budget plan–to spread out their winter heating bill payments. Why are NFG’s customers paying a lot more this winter to heat with natural gas? Simply because this is one of the longest and coldest winters we’ve had in decades.

    The interesting part of the NFG “you ought to get on the budget plan” story is that, according to the company, it could have been a lot worse than it is. The price of NFG’s natural gas is steady and has not gone up. What’s helping to save western NY (and NWPA) gas customers from huge price spikes being experienced elsewhere? PA Marcellus Shale gas…
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    NY Senate Bill Forces Cuomo DEC to Authorize New Propane Storage

    MDN has long chronicled the struggle for Inergy (now a part of Crestwood Midstream) to turn a depleted salt cavern along Seneca Lake, NY into a critically important underground propane storage facility–the only such new facility planned for the northeast. We’ve also told you about nutty protesters, like so-called “distinguished scholar in residence” at Ithaca College, Sandra Steingraber, who was arrested for blocking the entrance to the facility last year (see NY Protesters Arrested for Blocking NatGas Storage Facility). We even told you which businesses you should consider boycotting for their agitation against the facility (see Inergy: Boycott NY Businesses that Support ‘Gas Free Seneca’). One of the businesses in the list stands out: Pompous Ass Winery, run by…well, you can imagine.

    As MDN noted not long ago, the delay in allowing Inergy/Crestwood to begin using the facility to store propane is partially to blame for why northeasterners are now paying propane rates out the nose (see Northeast Propane Shortage – Andrew Cuomo Partially to Blame). Enough dithering by Can’t-Make-a-Decision Cuomo. NY State Senate Energy Committee Chairman George Maziarz, R-Lockport, has introduced a bill that requires the recalcitrant state Dept. of Environmental Conservation to get off the pot and permit the facility…
    Read More “NY Senate Bill Forces Cuomo DEC to Authorize New Propane Storage”

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    Rig Fire – in Frackless New York!

    This story is full of irony. Due to flooding a few years ago, the Owego Central School District (Tioga County, NY) lost some of their school buildings. The school district is in the process of building a new elementary school just outside of town. In preparation, a drilling rig was brought in to drill wells for a geothermal heating and cooling system for the soon-to-be-built school. Around 100 feet down the rig hit a pocket of methane gas and it ignited, burning the rig.

    Now, what was about there not being enough recoverable gas in NY so we should just go ahead and ban fracking statewide (see Latest Laughable NY Anti Tactic – Not Enough Gas, Just Move Along)? You can’t tell us that if fracking were allowed in NY there wouldn’t be at least a few drillers willing to take the gamble on drilling some wells given the bumper crop of gas found a few miles across the border in PA. There’s gas everywhere along the Southern Tier border area–some of it (gasp) “contaminates” water supplies! And nary a fracked well around. Here’s the not-so-funny/funny story of the burning drill rig in frackless NY…
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    PA’s Long-Lived Marcellus Renaissance Can’t be Denied, Even by NY

    Judging by the stories we’re now seeing, must be Gov. Cuomo’s internal poll numbers are a lot worse than we thought. So bad that his buddies at Gannett need to try and prop him up by rewriting current history. Get this, the headline for a story in the Binghamton Press & Sun-Bulletin actually attempts to make the claim that the economic miracle happening right across our border in PA…isn’t actually happening! Talk about chutzpah. “Pay no attention to all of those jobs–all of that money–all of the new tax revenue. None of it’s real. It’s all a flash in the pan. Here today, gone tomorrow.”

    Wow. We guess you can fool some of the people all of the time, going by the PSB’s propaganda…
    Read More “PA’s Long-Lived Marcellus Renaissance Can’t be Denied, Even by NY”

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    Pass Me a Joint – Pot Smoking Coming to NY, But Not Fracking

    New York State Health Commission Nirav Shah apparently has no problem rushing his “research” and decision that New York State is ready for pot smoking–but dang, there’s just no telling how long it will take to figure out if fracking is OK for New York. That’s what he told New York lawmakers yesterday during budget hearing testimony.

    Whip out a joint–for “medical purposes” (wink wink nod nod)–and that’s hunky-dory with Shah. Lower everyone’s energy costs, create thousands of new jobs, take some of that nasty carbon out of the environment, and stick some coin in farmers’ pockets? Nah–a bridge too far for Nirav Shah (i.e. Andrew Cuomo). We wonder what they’ve been smoking…
    Read More “Pass Me a Joint – Pot Smoking Coming to NY, But Not Fracking”

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    League of Liberal Democrat Women Voters Targets Fracking in WNY

    Recently the Portland Town Board in western NY held a special meeting to learn more about fracking. So who did they have present? Who did they find to present the facts on both sides of this contentious issue? That’s right, the League of [Liberal Democrat] Women Voters. You know–that “non-partisan” organization? (Excuse us as we now pick ourselves up off the floor from laughing so hard.)

    The LO[LD]WV is, of course, extremely partisan, extremely liberal and extremely anti-drilling–so it’s no wonder the town board members in Portland (located near Buffalo), got an honest-to-goodness real western NY snow job…
    Read More “League of Liberal Democrat Women Voters Targets Fracking in WNY”

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    JLCNY Lawsuit Imminent – But Not the One You Thought

    court gavelLike all things legal–and like all things NY–this story is a tad complex, so please bear with us. If you have an interest in whether, and when, NY begins shale fracking, this is an important story. For some time MDN has told you about the lawsuit that has been prepared and waiting (for funds) to move forward by the Joint Landowners Coalition of New York (JLCNY). Their lawsuit was to focus on “takings,” the legal concept that New York State has denied landowners the sovereign right to use their own property as they see fit–to lease it for shale drilling–and by doing so the state owes them just compensation for “taking” away that value (see our story from last April: JLCNY Provides Extensive Update on NY “Takings” Lawsuit).

    The JLCNY has changed legal strategies–that is the big news. Instead of pursuing the “takings” lawsuit at this point, which is a long, expensive legal process, the JLCNY has instead decided to change their legal focus to an Article 78 lawsuit. Sound familiar? Recently Norse Energy hired Albany attorney Tom West to file an Article 78 on behalf of their now bankrupt company (see Norse Energy Sues Gov. Cuomo to Force Release of Fracking Regs). By adding the voice of 70,000 landowners to a second Article 78 lawsuit, which is a legal way of forcing Gov. Cuomo, DEC Com. Martens and Health Com. Shah to perform their sworn duties, the JLCNY believes this new legal strategy will offer a more effective, quicker resolution to the long-standing moratorium (now in place over 5 1/2 years). We have a copy of the “demand” letter by the JLCNY to Martens, a press announcement and a fundraising appeal from the JLCNY below…
    Read More “JLCNY Lawsuit Imminent – But Not the One You Thought”

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    Binghamton Newspaper Censors JLCNY Lawsuit News

    Once again a glittering example of why mainstream media news sources, like the Binghamton Press & Sun-Bulletin, are dying. Fast. Because they simply ignore (suppress? censor?) news that doesn’t fit their own anti-drilling philosophy.

    You might think that an organization that boasts 70,000 members throughout New York State (the Joint Landowners Coalition of New York, or JLCNY) that has just sent a letter to the governor, the head of the Dept. of Environmental Conservation and the state health commissioner telling them they’re about to get sued (see our companion story today) might be newsworthy. Further, if the chief lawyer and the president of said group (representing 70,000 landowners) called a press conference to explain the upcoming lawsuit–you might think it would at least rate a paragraph or two in the local newspaper of record. Right? If you live in the Binghamton area, that answer would be–wrong…
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    Run Donald Run! Will “The Donald” Challenge Frackless Andy in NY?

    Could Donald Trump slay the evil frackless dragon Smaug (otherwise known as Gov. Andy Cuomo)? Only if he runs for governor. Last October we told you of rumors circulating that Donald Trump was considering a run against sitting Gov. Andrew Cuomo (see Can Donald Trump Save Fracking in NY?). He’s frankly the only person with enough name recognition that could even possibly pose a serious challenge to Cuomo. Soon after we ran that story, however, Trump seemed to tamp down the rumor.

    But what’s this? It appears The Donald is reconsidering and may yet run (which we earnestly hope he does)…
    Read More “Run Donald Run! Will “The Donald” Challenge Frackless Andy in NY?”

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    The Secretive Ways of NYS Health Com. Nirav Shah

    It’s no secret that New York State Health Commissioner Nirav Shah is having his chain yanked by his boss, Gov. Andrew Cuomo, on the issue of hydraulic fracturing. The Health Department has been involved every step of the way with the Dept. of Environmental Conservation (DEC) over the past 5 1/2 years, evaluating proposed drilling regulations with an eye on whether there are so-called public health impacts and ramifications. But at the eleventh hour last year, Cuomo instructed Shah to do yet another review, and that review, which at one point Shah said was just “weeks away” from being completed, is still not done more than a year later. Why? Cuomo told him to slow it down. That’s the only explanation that makes sense.

    Recently Shah as quizzed about the process he’s using to “evaluate” fracking regulations and potential health impacts. Shah has been super secretive about what he’s up to. He’s gone on record saying the process he’s using should not be transparent as it’s being done–only at the end. Anti-drillers are as frustrated with him as pro-drillers. Both sides have sued Shah (for different reasons) and according to anti-drilling former Gannett reporter Tom Wilbur, Shah is about to be forced to reveal what he’s been up to…
    Read More “The Secretive Ways of NYS Health Com. Nirav Shah”

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    NY DEC Com. Martens Says No NY Fracking Until 2015 Earliest

    litigationIn what is sure to be a bitter disappointment to New York’s landowners, Dept. of Environmental Conservation Commissioner Joe Martens said yesterday in testimony to lawmakers that he’s not going to issue any permits for shale drilling before 2015. Unless, of course, he’s forced to by a court (see Norse Energy Sues Gov. Cuomo to Force Release of Fracking Regs). Martens’ comments came as he gave testimony about the DEC’s budget for the next fiscal year, which begins on April 1st. Martens is not including anything in the DEC budget for shale drilling oversight and told lawmakers it would be “extremely unlikely” that permits would be issued before the end of March 2015, hence no need to bulk up his budget for it.

    Are we surprised? Not really. The decision of whether or not to allow fracking in New York has been a political and not a scientific one for a long time now–we’d say for years. Gov. Andrew Cuomo continues to push off the decision–not Health Commissioner Nirav Shah, not Joe Martens, but Cuomo. Shah and Martens are just foot soldiers that do their master’s bidding. This latest revelation of no fracking until 2015 further validates landowners’ resolve in pushing forward with lawsuits on various aspects of the drilling issue at various levels of the court system. It’s now obvious we will have to litigate for our freedoms–or loose them forever…
    Read More “NY DEC Com. Martens Says No NY Fracking Until 2015 Earliest”

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    The Band is Back Together! Anti-Drillers to Visit Binghamton U

    The band is three-fourths back together. A group of radical anti-drilling organizations, including NYRAD (New York Residents Against Drilling), the League of [Liberal Democrat] Women Voters, NYPIRG, the Sierra Club and other lesser-known wacko organizations are sponsoring an “information” (i.e. propaganda) night at Binghamton University this Friday. And they’ve re-assembled most of the band, er, anti-drilling “experts” that visited Cornell University with their traveling road show/circus last October (see Latest Laughable NY Anti Tactic – Not Enough Gas, Just Move Along).

    Retired systems engineer for IBM and Lockheed Martin Jerry Acton will be there to induce death by PowerPoint. So too will retired Mobil Oil Executive Vice President Lou Allstadt (who’s already made his millions, so he doesn’t want any silly “farmers” to make money too, who the *$#@ do they think they are?). Oh, and Brian Brock, an anti-drilling retired geologist. Notice a theme here? All retired, all anti-drilling, with nothing to do. Road trip!…
    Read More “The Band is Back Together! Anti-Drillers to Visit Binghamton U”

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    New Gas Drilling Website Debuts in Broome County, NY

    Huh. Broome County, where MDN is written from, has developed a new website to provide information about natural gas–as in gas drilling (should it ever come to NY). We’ve given the site a good look (check it out here). It’s well done and has some useful information for landowners and residents and those with questions in general. Broome County Executive Debbie Preston spearheaded the effort (she’s a sharp gal, we’re glad she’s on the pro-drilling side of the issue).

    Our only complaint: We didn’t even know this site was being created, and it doesn’t in any way reference Marcellus Drilling News, which is a small business in Debbie’s back yard devoted to providing news and resources–and promoting–safe gas drilling. So although we like the site and think it’s great, we’re disappointed we weren’t even contacted about it…
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    New NYC Mayor Comes Out Against Fracking Anywhere in NY

    NYC Mayor Bill De BlasioThe new mayor of New York City, Bill De Blasio, is anti-drilling and proud of it. Yesterday he told reporters he doesn’t want to see fracking anywhere in the state. That De Blasio–wow, what a deep thinker he is! Know where he gets his facts and information from about fracking? Watching movies like Gasland. Such intellectual heft. Such gravitas. The man is clearly smarter than any of the rest of us. Thank God he’s the new mayor.

    Of course, De Blasio apparently doesn’t realize that fracking (of conventional oil and gas wells) happens right now in New York State and has been for over 40 years. But hey, let’s not let something like the truth get in the way of spinning a good fiction for the hoi polloi–us ordinary folks. We’re just so in awe of self righteous jerks intellectual leaders like De Blasio, we simply feel unworthy to be in His presence…
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