New York

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    Norse Energy Sues Gov. Cuomo to Force Release of Fracking Regs

    Stop Press!

    Newly appointed Norse Energy lawyer Tom West (from Albany) is a man of his word. He says what he means and means what he says. Exactly two weeks ago West had a “demand” letter hand-delivered to NY Dept. of Environmental Conservation (DEC) Commissioner Joe Martens. The letter, “demanding” to have a release date for the now 5 1/2 year-old draft fracking regulations, was also delivered to State Health Commissioner Nirav Shah and to Gov. Andrew Cuomo himself (see Tom West Demands DEC Com. Martens Release the SGEIS – Soon). The unstated threat was that if there is no response, West fully intends to file an Article 78 lawsuit against all three to force the release. Article 78 is a provision that makes recalcitrant (and ineffective) government officials do their job.

    Yesterday afternoon West made good on the threat and filed the lawsuit (see a full copy embedded below). Among the justifications for requesting the court to force the release of the fracking regulations (called the SGEIS), is this “hit it out of the park” statement:
    Read More “Norse Energy Sues Gov. Cuomo to Force Release of Fracking Regs”

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    USGS Study Finds 15% of NY Water Wells Already Have High Methane

    Well, imagine that. Even more scientific evidence has just arrived, courtesy the US Geological Survey (USGS), that there’s a whole lotta methane in the ground in the Southern Tier of New York State. So much methane that 15% of the water wells tested across nearly 2,000 square miles for more than a year by the USGS show methane levels so high that the methane needs to be monitored and/or mitigated. That is, miles away from any fracking or existing gas wells, water wells are saturated with naturally occurring methane. In case you miss the point: Fracking is NOT the cause of methane migrating to water wells in northeast PA and in New York. There is no shale fracking in NY! And yet, there’s methane–so much you can, oh, light your tap on fire?

    What say you now anti-frackers? Yeah, we thought so. There’s NOTHING you can say. Your lies are exposed. Here’s the press release and a full copy of the study released yesterday by the USGS with data from their tests of water wells in NY state:
    Read More “USGS Study Finds 15% of NY Water Wells Already Have High Methane”

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    Cuomo Obstinately Says He’ll Continue to Dither on Frack Decision

    New York Gov. Andrew Cuomo continues to prevaricate/dither/postpone his decision on whether or not to allow fracking for shale gas in New York State. He said so yesterday at a news conference. By continuing to delay a decision far past everyone’s measure of reasonableness, he’s totally eliminated any chance he had of running for president. He’s also courting a lawsuit that will embarrassingly force him to do his job and make him release the new drilling rules (see Tom West Demands DEC Com. Martens Release the SGEIS – Soon). Today is the deadline by which Norse Energy’s lawyer Tom West has demanded a fixed date when the Cuomo administration will release new drilling regs. If that doesn’t happen (and it almost certainly won’t), a lawsuit to force the issue will be filed–perhaps as early as this month. Cuomo is out of time and out of options–yet he continues to prevaricate.

    Meanwhile, Cuomo’s State Health Commissioner, Nirav Shah, continues to be Cuomo’s spear catcher and take all the heat because Shah refuses (at Cuomo’s direction) to announce whether or not he believes proposed drilling rules will protect the nebulous “public health.” Shah has humorously taken to spouting things about science being done in “sacred places.” Apparently sacred places are located everywhere but New York. Here’s how Cuomo’s dithering talk went yesterday…
    Read More “Cuomo Obstinately Says He’ll Continue to Dither on Frack Decision”

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    A Natural Gas Christmas Carol, Starring Gov. Andy

    An early Christmas present for New York landowners and those with an interest in drilling in New York State, provided by our friends at the Joint Landowners Coalition: a “Natural Gas Christmas Carol”. It is funny, and sad–all at the same time. Give it a read! (Hey, it’s better than a lump of coal.)

    Here’s the letter and a link to the PDF from the JLCNY…
    Read More “A Natural Gas Christmas Carol, Starring Gov. Andy”

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    Dunkirk, NY Electric Plant Saved – Converting from Coal to NatGas

    Looks like the good residents in Dunkirk, NY (near Buffalo) have dodged a major tax bullet. Last week MDN told you about hypocritical anti-drillers who oppose converting coal-powered electric plants in both Ithaca and Dunkirk into being powered by natural gas–simply because they don’t like fossil fuels (see Anti-Drillers Oppose Converting 2 NY Electric Plants to NatGas). As we pointed out, the plants in Dunkirk and Ithaca provide something like 40% of the tax revenue for the local towns and schools where they are located. Closing either plant would devastate that community and force some residents to leave after taxes skyrocket. The Dunkirk plant has been saved.

    In a strange twist of fate, Gov. Andrew “the fracking ditherer” Cuomo slogged through three feet of snow in Dunkirk to crow that a deal has been reached to keep the plant open and convert it from burning coal to burning natural gas. Oh, the plant will burn natural gas fracked in other states and pipelined to NY. Ironic, no? Here’s the story…
    Read More “Dunkirk, NY Electric Plant Saved – Converting from Coal to NatGas”

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    Erie County, NY Falls for the FWW Lie, Bans Fracking & Road Salt

    On Monday MDN told you about an eminent vote in western NY to ban fracking (see Erie County (Buffalo) NY to Vote on “Near-Ban” of Fracking). Yesterday, legislators for Erie County, NY fell into the trap set by the odious Food & Water Watch–legislators voted 9-2 to ban the use of road salt and dust suppressant safely manufactured from brine water that comes from oil and gas drilling. They also voted to deny taxpayers in Erie County the right to profit from drilling on county-owned land, when and if it ever comes to the county.

    Right at the front of the hit parade gloating was FWW agitator, er, “organizer” Rita Yelda, who continues to falsely slander fracking and the products made as a result of fracking, like deicer (road salt). We hope Erie County residents enjoy paying for steep legal fees when this illegal law is challenged next year by Buffalo-based National Fuel (Seneca Resources)…
    Read More “Erie County, NY Falls for the FWW Lie, Bans Fracking & Road Salt”

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    Groton, NY (borders Dryden) Votes DOWN 6-Month Frack Moratorium

    Whattya know? Maybe there is hope for the People’s Republic of Tompkins County, NY after all. Tompkins County is home to anti-drilling organizations including the partisan Park Foundation and the many people it funds–like Cornell professors Tony Ingraffea and Robert Howarth, and the wife and husband lawyer team of Helen and David Slottje, who make mischief at local town board meetings, encouraging them to institute illegal bans and moratoriums on fracking.

    One of the the towns the Slottjes duped into passing a ban was Dryden, NY–in Tompkins County. The Dryden ban has been appealed all the way to the highest court in New York, the Court of Appeals where the case will be heard in early 2014. We’re sure the taxpayers of Dryden enjoy footing that portion of the legal bill not generously covered by the Park Foundation. Anywho, the town next door to Dryden is Groton. The Groton town board voted down a proposed six-month moratorium on fracking at their Tuesday night meeting. It’s a small victory for democracy and right thinking. Too bad some of Groton’s common sense wouldn’t rub off on their Dryden neighbors…
    Read More “Groton, NY (borders Dryden) Votes DOWN 6-Month Frack Moratorium”

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    Can Towns Ban Fracking in NY? Webinar Today Tackles Question

    Can localities ban oil and gas development in New York State? That is the question New York’s highest court (Court of Appeals) will answer when it hears arguments by attorneys representing Norse Energy and a dairy farmer versus the towns of Dryden and Middlefield. The decisions in these two important cases could have a huge impact on the future of shale development in New York. If the court decides that municipalities can ban drilling town- or citywide, MDN believe’s it lights out on serious shale drilling in New York–forever. Happily, we don’t think the court will decide that way.

    A webinar is being offered today, Wednesday, Dec. 11 at 1 pm that will address that issue. Greg Sovas, President and owner of XRM, LLC and former Director of the Division of Mineral Resources at the NYS DEC will review the history of the supersession clause and its importance, implementation over the past thirty years and what has changed, the arguments being made on both sides in the court case, and how a decision either way could affect the future of oil and gas development in New York State.  A Q&A at the end.

    MDN encourages you to attend this 30-minute presentation. Sign up here: https://www1.gotomeeting.com/register/694678240.

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    Williams Files to Expand Marcellus Pipeline in Broome County, NY

    Two years ago the newly completed Laser Northeast Gathering pipeline, a 33-mile pipeline stretching from Susquehanna County, PA across the border into Broome County, NY where it connects to the Millennium Pipeline, was sold by Delphi Midstream Partners to Williams Partners (see Laser Northeast Pipeline Selling to Williams for $750M). There is “new news” to share about the formerly named Laser, now named the “New York Mainline,” courtesy of MDN friend Andy Leahy, writing on his excellent NY Shale Gas Now! blog.

    Sifting through a pile of digital paperwork, Andy found that in early December Williams filed a request to expand the Laser/NY Mainline by adding an additional 16″ pipeline loop–right here in the good old Town of Windsor, NY (where MDN is written!). The new pipeline loop will expand the capacity of Marcellus Shale gas flowing out of northeast PA and into the Millennium pipeline. Here’s Andy’s report…
    Read More “Williams Files to Expand Marcellus Pipeline in Broome County, NY”

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    Anti-Drillers Oppose Converting 2 NY Electric Plants to NatGas

    This is the tale of two electrical generating power plants. Both are located in New York State–on opposite sides of the state. One is in Tompkins County (near Ithaca, NY), the other in Chautauqua County (Dunkirk, near Buffalo, NY). Both are powered by coal and both will either need to convert to natural gas or close down.

    Something else both have in common: anti-drilling nutters want them closed rather than converted  from burning coal to burning natural gas–even though closure means school and property taxes in both areas will go through the roof–higher than the nosebleed rates they already are. In both cases the power plants are the single largest taxpayer in their respective municipalities. Makes no difference to the nutters because most of them don’t live there and could care less. An update for both the Cayuga Power Plant and the Dunkirk Power Plant…
    Read More “Anti-Drillers Oppose Converting 2 NY Electric Plants to NatGas”

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    Inergy: Boycott NY Businesses that Support ‘Gas Free Seneca’

    boycottIt’s interesting to MDN that when anti-fracking protesters call for boycotts of businesses that either support or (gasp) are part of the shale drilling industry, such a boycott is considered brave and courageous and a-OK. But when someone on the pro-drilling side suggests those who support fracking and the natural gas industry may want to boycott the businesses donating money and time to fight the natural gas industry, that’s “bullying” and mean and evil. Anyone else smell a hypocritical rat? We’re referring to a recent brouhaha over Inergy Midstream’s (now part of Crestwood Midstream) plan to develop a liquid propane storage facility using depleted salt caverns along the edge of Seneca Lake near Watkins Glen, NY. MDN has long covered the fight by Inergy to bring the only new storage facility proposed in the northeast (badly needed), and the people who want to stop it (see NY Protesters Arrested for Blocking NatGas Storage Facility).

    In June, a VP for Inergy sent an email to 25 people suggesting they may want to boycott the businesses using their time and money to actively oppose the Inergy facility. Those businesses are part of the “Business Coalition” of the organization called Gas Free Seneca (GFS). The email sent by the Inergy VP–now six months old but but just coming to light–has GFS in a tizzy. GFS has responded with their own email that they are “extremely disturbed” by this “bullying” from Inergy. That is, GFS doesn’t like the shoe being on the other foot for a change (poor babies). We have the story of the email, and the list of the (current) 181 NY businesses that Inergy (and you) may want to consider boycotting…
    Read More “Inergy: Boycott NY Businesses that Support ‘Gas Free Seneca’”

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    Minor Incident in with Millennium Pipeline NY Compressor Station

    The Millennium Pipeline was supposed to have completed a new compressor station near Hancock (Delaware County), NY in November. They’re getting close to being done, but not quite there yet. The new 15,900 horsepower compressor facility will add an additional 107.5 million cubic feet per day of capacity to the Millennium Pipeline, allowing them to pump more Marcellus Shale gas to the Algonquin Gas Transmission interconnect at Ramapo, NY.

    Whether it was part of normal work to get the facility ready or there was a “problem” with bringing the compressor online, last Thursday Millennium personnel knocked on the door of the only residence living close to the facility and requested the family either stay inside for the next several hours, or immediately evacuate for a few hours while Millennium vented natural gas from the facility. The family (wisely) decided to evacuate for several hours…
    Read More “Minor Incident in with Millennium Pipeline NY Compressor Station”

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    Erie County (Buffalo) NY to Vote on “Near-Ban” of Fracking

    The odious Food & Water Watch (FWW), a partisan anti-drilling organization headquartered in Washington, D.C., is behind a scare effort to get the Erie County (Buffalo), NY legislature to ban fracking on county-owned land, ban the treatment of frack wastewater, and ban the use of processed brine (sometimes erroneously called frack wastewater) as a deicer and dust suppressant throughout the county. Using processed brine–water from drilled gas wells with heavy minerals and anything harmful removed–as a deicer and dust suppressant has been happening safely across the country for years. Hey, if Erie residents want to double the price they pay for road salt (and they use a LOT of road salt for Buffalo winters), who are we to stop them?

    The full Erie County legislature will vote on the ill-advised proposed ban this week at its December 12th meeting:
    Read More “Erie County (Buffalo) NY to Vote on “Near-Ban” of Fracking”

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    IOGA of NY Dumps PR Consultant, Media Speculation Goes Wild

    This is an “inside baseball” kind of story–or in this case, inside New York oil & gas politics. The Independent Oil & Gas Association of New York (IOGA of NY) recently underwent some belt-tightening. You look over your budget–the money coming in and the money going out–and you make decisions. That’s what companies, and organizations, do. The government doesn’t do that because they just take it from we citizens to pay for their voracious drunken spending habits. But that’s another story for another time.

    IOGA of NY looked at declining membership revenues because oil and gas drillers are leaving or staying away from New York over an ongoing five and a half year moratorium, and IOGA decided they could do without the services of their high priced PR consultant. Happens every day in thousands of companies and organizations across the world. But only in NY do the media try to fabricate a story out of it to say IOGA of NY is throwing in the towel…giving up…admitting defeat. We say it’s wishful thinking on the part of NY’s anti-fracking media. IOGA of NY is doing nothing of the sort…
    Read More “IOGA of NY Dumps PR Consultant, Media Speculation Goes Wild”

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    Pathetic Response to Threatened Lawsuit over NY Frack Regs

    On Monday, Tom West, an attorney for Norse Energy, sent a “demand” letter addressed to NY Dept. of Environmental Conservation (DEC) Commissioner Joe Martens with the not-so-subtle threat that unless Martens releases the fracking regulations (called the SGEIS), Norse will sue Martens, and Gov. Andrew Cuomo, and State Health Commissioner Nirav Shah under Article 78 for not doing their jobs. That is, Norse (via West) will sue to force the release of the SGEIS (see Tom West Demands DEC Com. Martens Release the SGEIS – Soon). All three of the anti-fracking cabal (Cuomo, Martens, Shah) got the letter.

    So far Cuomo himself hasn’t had the guts to say anything about the letter or potential lawsuit. Neither has Joe Martens. Instead, they continue to let State Health Commissioner Shah catch the spears for it. At a public health forum in Manhattan on Tuesday, Shah addressed the issue by saying, in essence, Shazam! We done just got us some new informations in just the past few weeks (can ya’ll believe that?)! Ya’ll can’t rush this, ya know. To which we say, “pathetic”…
    Read More “Pathetic Response to Threatened Lawsuit over NY Frack Regs”

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    NY Farm Bureau “Shoots Down” Anti-Fracking Plank at State Meeting

    The New York Farm Bureau is a grassroots organization made up of volunteers–farmers–to lobby for agricultural issues. It is a superlative organization. The folks who belong are salt of the earth types of people–people who don’t want their land ruined because they make their living from the land. If anyone is concerned about the potential harm from hydraulic fracturing, it is the farmers on whose land the procedure will be done. They have a vested interest in ensuring their land remains workable.

    So it’s no small thing that some farmers introduced a resolution that calls for a ban on fracking in New York. And it’s also no small thing that the resolution was voted down–overwhelmingly–by the majority of members. That is, New York farmers have looked across the border to their farming cousins in Pennsylvania, and over in Ohio, and in West Virginia, and they see that fracking has not harmed the land there and have rightly concluded it would work just fine here in New York too…
    Read More “NY Farm Bureau “Shoots Down” Anti-Fracking Plank at State Meeting”