New York

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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…
    Read More “New Gas Drilling Website Debuts in Broome County, NY”

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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…
    Read More “New NYC Mayor Comes Out Against Fracking Anywhere in NY”

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    Northeast Propane Shortage – Andrew Cuomo Partially to Blame

    Propane is one of the natural gas liquids (NGLs) that comes out of the ground along with methane (natural gas) in places like southwest PA and eastern OH–otherwise known as “wet gas” areas of the Marcellus and Utica Shale region. There’s been a number of stories recently in the national media about supply shortages of propane. The Pennsylvania Propane Gas Association issued a press release yesterday addressing those concerns–to layout the reasons why propane is in short supply and why prices for it have jumped.

    When you read beyond the headlines, you’ll find there’s a pretty simple reason why propane prices have skyrocketed in the northeast and New England–it’s because of New York’s anti-fracking governor Andrew “the ditherer” Cuomo. He’s not only dithering about whether or not to allow fracking, he’s also dithering on whether or not to approve a new propane underground storage facility near Seneca Lake–what the industry terms a “critical” need to relieve propane supply issues in this part of the country. Here’s a good rundown on the current propane supply issues plaguing the U.S., including Cuomo’s hand in it…
    Read More “Northeast Propane Shortage – Andrew Cuomo Partially to Blame”

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    Fracking Justice Denied NY Landowners Yet Again Thanks to NY AG

    justice delayed is justice deniedA liberal New York judge has just just granted New York State an additional month and a half to get their act together to respond to the Article 78 lawsuit filed by attorney Tom West on behalf Norse Energy. You may recall West filed the lawsuit in the middle of December in an attempt to force Gov. Andrew Cuomo, DEC Commissioner Joe Martens, and Health Commissioner Nirav Shah to actually do their jobs (see Norse Energy Sues Gov. Cuomo to Force Release of Fracking Regs). It’s been 5 1/2 long years and the state continues to intentionally delay the release of fracking regulations–the delay, which is now obvious to everyone, is for political reasons. The delays eventually sent Norse Energy into bankruptcy. The company can’t even sell their leases via auction to compensate shafted investors because of the continuing delay by Cuomo. West was hired to force the governor and his minions to suck it up and do their jobs.

    How does the state respond? Cuomo’s Attorney General Eric Schneiderman (a strong anti-driller himself) has found a sympathetic lib judge to, incredibly, further delay! Until March 7 (instead of the scheduled January 24)–to give the state “more time” to…I don’t know, to do what? Make more coffee runs to Dunkin Donuts? Apparently 5 1/2 years isn’t enough time! West said it’s this very kind of delay tactic that prompted Norse to file the lawsuit in the first place! So now, justice is delayed yet again. You know the old saying, justice delayed is justice denied. Landowners in NY have certainly been denied justice under this corrupt governor and his AG…
    Read More “Fracking Justice Denied NY Landowners Yet Again Thanks to NY AG”

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    NY Judge Tosses Out Sidney Moratorium Law for Procedural Issues

    sort-of-smile faceIt was a good day for New York landowners and pro-drillers yesterday. MDN told you on Monday that we had confirmed a decision had been made in the lawsuit brought by landowners in Delaware County against the Town of Sidney, NY for passing a moratorium on fracking (see Breaking: NY Court Decisions in Binghamton & Sidney Cases). We knew there had been a decision by Supreme Court Judge John F. Lambert–we just didn’t know what the decision was.

    MDN received a copy of the decision yesterday (full copy embedded below) and it’s good news for landowners. The moratorium law was ruled “invalid”–but not because it was a moratorium. The law was tossed out because of the way it was enacted–for procedural issues. In fact, Judge Lambert was careful in his decision to point out that, “…the court has not addressed the moratorium issue.” So although this was a good decision and a reason to be happy, it wasn’t a jump-up-and-down-let’s-celebrate decision that seals of the fate of fracking moratoriums in NY. It occupies the middle ground on the happy face scale for us…
    Read More “NY Judge Tosses Out Sidney Moratorium Law for Procedural Issues”

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    Binghamton’s New Mayor Fesses Up to Withdrawing Moratorium Appeal

    Yesterday MDN told you the great news that the City of Binghamton had withdrawn its appeal of a court decision overturning the moratorium passed by an all-Democrat City Council and mayor at the eleventh hour in 2011 (see Breaking: NY Court Decisions in Binghamton & Sidney Cases). As we said yesterday, the interesting aspect of the Binghamton development is the timing–coming so close to a new mayor taking office. We said it sure looks like new Republican Mayor Rich David played an important role in the decision to withdraw the appeal. We were right.

    MDN contacted the mayor’s office and we were told he’s traveling at the moment and would respond upon his return. However, a few hours later his office issued the following statement in which Mayor David lays out the timeline and his role in ending the long, drawn-out process. David came down on the side of landowners and pro-drillers–so three cheers for Mayor David! Here’s the statement issued by his office midday yesterday:
    Read More “Binghamton’s New Mayor Fesses Up to Withdrawing Moratorium Appeal”

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    Breaking: NY Court Decisions in Binghamton & Sidney Cases

    exclusiveAn important development in two New York court cases that potentially impacts shale drilling in the state–and no, neither is (directly) about the Dryden or Middlefield town ban cases currently before New York’s highest court, the Court of Appeals. The two cases we’re referring to are (1) the City of Binghamton and their ill-fated “moratorium” thrown out by a lower court judge in 2012 and subsequently appealed, and (2) a similar moratorium in the Town of Sidney, NY.

    In the Binghamton case, the appeal of the tossed-out fracking moratorium authored by anti-drilling husband and wife team of David and Helen Slottje has been withdrawn–so that case is now officially ended and the moratorium remains tossed and unenforceable. This is big news with big implications. In the case of Sidney, the judge in that case (different judge from the Binghamton case) issued a decision yesterday, but as of the time we wrote and posted this story, we still do not have a copy of the decision. We’ll post it as soon as we get it. Let’s dive deeper into both cases…

    (Important update at the end of this article)
    Read More “Breaking: NY Court Decisions in Binghamton & Sidney Cases”

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    NY Pro-Drillers File Final Briefs in Dryden/Middlefield Cases

    court gavelAccording to Tom West, lead attorney in the New York “Dryden” court case that seeks to overturn bad lower court decisions that allow towns to completely ban fracking, the “last word” has been now been filed by landowners and (in the case of West’s client), drillers like Norse Energy. West, via his blog site, announced two days ago that the final briefs with counter-arguments have been filed for both the Dryden and Middlefield cases (copies of both final briefs are embedded below). According to West, additional friend-of-the-court briefs (called amicus briefs) will still be filed, but until oral arguments are heard in a few months, this is the final word from our side of the isle. Interestingly, when you read through the two briefs, they each make slightly different arguments–perhaps increasing the odds that something will resonate with the justices.

    Here’s what West says via his blog site about the filings:
    Read More “NY Pro-Drillers File Final Briefs in Dryden/Middlefield Cases”

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    Compare & Contrast 2 Eastern Democrat Governors on Shale Drilling

    Let’s compare and contrast “state of the state” addresses delivered yesterday by two Democrat governors in the eastern United States. Governor A has a thriving, business-friendly state that welcomes not only service businesses but specializes in ensuring heavy industry businesses are welcome and investing in his state. In fact, Governor A, who is not only business-friendly but also environment-friendly, works tirelessly to expand job opportunities for his residents, including shale jobs. He’s probably the only Democrat MDN would vote for! And that’s saying something.

    Governor B, on the other hand, generally sits on his rear-end, goes to expensive fundraisers deluding himself that he has a chance at the presidency, has the highest unemployment in the eastern U.S., is driving thousands of businesses (and business owners) out of his state each month while mouthing platitudes about being business-friendly, and frankly is a do-nothing governor. Can you guess which is which?…
    Read More “Compare & Contrast 2 Eastern Democrat Governors on Shale Drilling”

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    NY Releases a Draft (Frackless) State Energy Plan

    Last week Gov. Andrew Cuomo and New York State very quietly released a draft New York State Energy Plan for 2014. No fanfare. No nothin. The plan supposedly “sets forth a vision for New York’s energy future that connects a vibrant private sector market with communities and individual customers to create a dynamic, clean energy economy.” Completely absent from the plan? Shale drilling. Which means this is not really a plan at all, but a political advertisement that panders to Cuomo’s kook fringe left–people like Debra Winger, Josh Fox, Mark Ruffalo, Yoko Ono and a plethora of other non-thinkers.

    We were first alerted to the release by MDN friend and intrepid blogger Andy Leahy and his excellent NY Shale Gas Now! blog site. Must be the AP reads Andy, because not long after his post went live, the AP ran a story that’s been republished in dozens of newspapers coast to coast. Here’s Andy’s excellent take on the draft so-called “energy plan” from Gov. Frackless…
    Read More “NY Releases a Draft (Frackless) State Energy Plan”

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    NY’s Ongoing War Against Natural Gas – An Update

    Lenape Resources is one of MDN’s favorite NY-based energy companies. We’ve heard their CEO John Holko speak at events touting the benefits of shale drilling in NY. John doesn’t just say good things about drilling, he puts his money (and his time) into the cause as well. In 2012 Lenape sued the Town of Avon, NY (Livingston County) over their hastily passed fracking ban, a ban that not only bans horizontal or shale fracking (which isn’t even allowed in NY) but also ended up banning vertical fracking in the town, something that’s been going on in NY for more than 40 years. Lenape lost the case in lower court and appealed it (see Lenape Appeals Ruling, Seeks to Overturn Frack Ban in Avon, NY).

    In its heyday, before the NY frack moratorium that’s now 5 1/2 years old, Lenape employed 100 people. Today? They have 5 people. Sound familiar (cough *Norse Energy* cough)? NY is driving energy companies out of business with ongoing hostility by municipalities like Avon and with delays by the state. NY is about as business unfriendly as you get. Here’s an AP update on Lenape and the ongoing negative impact of the frack moratorium in NY:
    Read More “NY’s Ongoing War Against Natural Gas – An Update”

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    Does PA Supreme Court Act 13 Decision Affect NY Cases?

    Apparently there’s been some concern, confusion and downright misleading information circulating since the recent PA Supreme Court decision that grants municipalities in PA the right to continue zoning where shale drilling can and cannot take place (see PA Supreme Court Rules Against State/Drillers in Act 13 Case). Some have tried to draw parallels between the “Dryden” and “Middlefield” cases now before the NY Court of Appeals (NY’s highest court) and the decision by the PA Supreme Court, because both involve issues of home rule or the right of localities to impose zoning on oil and gas drilling.

    Even though both the PA Act 13 and the NY Dryden/Middlefield cases are both home rule cases, they are nothing alike and the PA case in no way impacts or affects the NY case. Perhaps the biggest difference between the PA and NY cases is this: In PA even though municipalities can now legally zone for oil and gas drilling, they must still allow oil and gas drilling in at least one zone. In NY, towns have completely banned drilling throughout the entire (rural) township. Huge difference. And there are other differences. Because of the ongoing confusion, the pro-drilling attorney for the Middlefield case, Scott Kurkoski, issued the following statement on the JLCNY website to clear the air and set the record straight…
    Read More “Does PA Supreme Court Act 13 Decision Affect NY Cases?”