New York

Anti-Drilling/Fossil Fuel | Industrywide Issues | New York | Regulation | Statewide NY

LNG Storage/Fueling Stations Latest Anti-Drilling Target in NY
October 31, 2013October 31, 2013

New York State is first in all of the things you don’t want to be first in–like having the highest unemployment and taxes of any state in the union–and dead last in all the things you don’t want to be last in. Example: New York is the only state that does not allow liquefied natural gas (LNG) storage and LNG fueling stations. Translation: All of those new trucking fleets being purchased by UPS and other companies can’t operate in New York because there’s no place to fuel up.

LNG fueling stations have nothing to do with whether or not NY decides to allow fracking, but anti-drillers are attempting to make a connection anyway. A group of more than 100 anti-drillers piled into a hearing room in Albany yesterday to tell the state Dept. of Environmental Conservation they oppose the DEC’s plan to allow LNG storage and fueling stations. The usual crowd of hippie retreads from groups like Catskill Mountainkeeper and NY Public Interest Research Group showed up to mouth off–then they piled back into buses powered by dirty diesel fuel to head back to New York City from whence they came. Rank hypocrites, the lot of them…
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Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Regulation | Statewide NY

When Will We Know if NY Will See Fracking? June 2014
October 29, 2013

A question MDN is frequently asked… Q: When will the issue of fracking in New York State really and truly be decided–and by whom? A: June 2014, by the NY Court of Appeals. “Not by Gov. Cuomo?” you ask. Nope. He’ll come around, eventually. The real issue has always been whether or not entire towns can ban fracking based on the vote of 3 or 4 people who sit on a town board–a vote that denies every citizen in that town their Constitutional private property rights. Two cases now before the New York Court of Appeals will decide the issue once and for all.

Thanks to the lead attorney for one of those cases–Scott Kurkoski, attorney for the “Middlefield” case–we now have insight into how and when this will all progress from now through June of next year. It started yesterday when briefs were filed by Kurkoski (for Middlefield) and by Albany-area attorney Tom West (for the “Dryden” case) with the Court of Appeals…
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Energy Companies | Erie County (NY) | New York | Pennsylvania | Seneca Resources | Statewide NY | Statewide PA

National Fuel Gas Production Jumps 45% in FY13
October 23, 2013October 23, 2013

National Fuel Gas Co. is headquartered in Buffalo, NY, but it’s the Pennsylvania Marcellus that is causing the company to grow “by leaps and bounds.” National Fuel said its oil and natural gas production jumped 45% during the fiscal year that ended Sept. 30. Via their Seneca Resources subsidiary, they are a major Marcellus player with 780,000 net acres in the PA Marcellus.

Which leads MDN to ask, what the heck are they still doing with their HQ in Buffalo? Why not move to Pittsburgh or someplace else in PA?…
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Anti-Drilling/Fossil Fuel | Energy Services | Industrywide Issues | New York | New York County | Pipelines | Spectra Energy

Spectra NJ-NY Marcellus Gas Pipeline Goes Online Nov. 1
October 22, 2013October 22, 2013

It’s been a long road and a long time in coming, but the good news is that starting Nov. 1, residents of New York City will have another 800 million cubic feet of cheap mostly-Marcellus natural gas flowing into the city through Spectra Energy’s 16 mile, $1.2 billion pipeline from New Jersey to New York. The pipeline will flow enough gas to heat 2 million homes in NYC each year. Outgoing Mayor Michael Bloomberg has called more natgas for NYC “vital”. Most New Yorkers are in favor of the new pipeline, but that didn’t deter some from trying to stop the new pipeline.

During construction of the pipeline Spectra had to deal with a lot of nonsense, like protesters who turned into strippers (see NYC Pipeline Protesters Get Naked, Paint Themselves Green), protesters who didn’t even tell themselves they were about to spontaneously break the law (see Nutjob Protester Stops NYC Pipeline Construction for 2 Hours), and groups of protesters like the [In]Sane Energy Project that sued to stop the pipeline (see Judge Tosses Out Lawsuit Against Spectra NYC Pipeline Project). Spectra pressed on through it all and they’re about to turn on the valve Nov. 1. Success at last!…
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Albany County | Anti-Drilling/Fossil Fuel | Industrywide Issues | New York

Handful at Albany Anti-Fracking Rally Spout Lies About NE PA
October 21, 2013October 21, 2013

Where two or more are gathered in the name of anti-fracking it’s a “movement” and a “rally” and worthy of media coverage by the reliably anti-fracking Albany Times Union. Such is what happened over the weekend at an Albany park where a handful of people turned up to protest against fracking.

Betty Head, an Albany-area resident and local head volunteer for the fanatically leftist moveon.org, was the main speaker. Ms. Head says she recently visited northeast Pennsylvania (Susquehanna County) and saw “dusty streets” and “vegetation [that]…looked burned and withered” because of fracking. MDN says Ms. Head’s whoppers would make even Mark Twain blush. We’ve visited Susquehanna County too (we live just across the border) and have seen no such thing–in proximity to drilling operations or not. But such is what gets picked up and amplified by lazy liberal media organizations that don’t bother to check the facts…
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Energy Companies | Hydraulic Fracturing | Industrywide Issues | New York | Norse Energy | Regulation | Statewide NY

Lights Turned Off, Door Closed – Good Night, Norse Energy
October 17, 2013October 17, 2013

It’s a sad day for New York landowners–for everyone really. Norse Energy has converted from Chapter 11 bankruptcy, which means the courts protect you while you regroup, to Chapter 7, which means break it all up and sell off the pieces to the highest bidder. Norse has now literally, as well as figuratively, shut off the lights and closed the door behind them. The remaining eight employees of Norse have just been let go.

For years MDN has been writing about the plight of Norse and their inability to tap shale deposits under 130,000 acres of leased land in New York. The signs have been there for some time that Norse may face extinction if NY does not open up for shale drilling (see Norse Energy 2Q13: Concerned About Remaining ‘a Going Concern’). Thanks Gov. Andy! You sure know how to make NY “business friendly.” Norse announced the change to Chapter 7 last week in a very brief press release. Buffalo Business First reports about the final employees being shown the door…
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Delaware County | Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Regulation | Statewide NY

When Do/Don’t Municipal Frack Bans Violate the U.S. Constitution?
October 17, 2013October 17, 2013

When do (and when don’t) municipal bans on natural gas drilling violate the U.S. Constitution? It’s a sticky question and it takes an ace legal mind to tackle this broad and complex topic. An ace attorney has done just that. MDN friend and litigator Ken Kamlet from the Binghamton law firm Hinman, Howard & Kattell (HHK) does a deep dive on the topic of when town bans violate the Constitution. This is not a theoretical exercise for Kamlet. The lawyers at HHK are currently suing (on behalf of landowners) the village of Sidney, NY (Delaware County) over a ban they passed in February 2013 (Exclusive: Sidney, NY Sued by Landowners over Fracking Moratorium).

HHK is also the law firm that sued the City of Binghamton, NY over their illegal frack moratorium and won (see NY Judge Throws Out Binghamton Fracking Moratorium). HHK knows the law, knows the Constitution, and is well-equipped to write about when bans do, and do not, violate the Constitution…
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Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

Can Donald Trump Save Fracking in NY?
October 15, 2013October 15, 2013

While NY Gov. Andrew Cuomo continues to delay his decision about whether to go up against the nutjobs of his own party–to “man up” and allow fracking, or not–he continues to dream about running for president in 2016. But before he can do that, he has to win re-election as governor of NY next year, in 2014. A shoo-in? A fait accompli? Foregone conclusion? Don’t be so sure. There are a LOT of angry landowners in Upstate NY. And now, there’s Donald Trump.

Rumors are circulating that NY state Republicans are teeing up Trump to run against Cuomo next year, and so far, Trump is not saying “no” to the idea. Could it be that Trump will be the savior of fracking in NY?…
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Health Impacts | Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

Cuomo Says NY Doing a Good Job on Frack Health Review (LOL)
October 11, 2013October 11, 2013

Ha ha ha ha ha ha ha ha ha ha. Oh, sorry, but we just could not stop laughing when we saw a quote made by Gov. Andy “he without a spine” Cuomo yesterday. With respect to the now year-long health review of proposed fracking regulations in New York–a review that was supposed to be done “within the next few weeks” back in February–Cuomo actually, incredulously said (please, try not to roll on the ground laughing like we just did): “I think we’re doing a good job on it.”

Andy must have a REALLY low opinion about the intelligence of the average NY voter…

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Air Quality | Broome County | Health Impacts | Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

NY Assemblywoman Donna Lupardo’s Anti-Drilling Snit Fit
October 10, 2013October 10, 2013

New York Assemblywoman Donna Lupardo is a Democrat from the Binghamton, NY area, a member of the Assembly Committee on Environmental Conservation and a member of the governor’s High-Volume Hydraulic Fracturing Advisory Panel–appointed to the panel by Dept. of Environmental Conservation (DEC) Commissioner Joe Martens. Her opinion on fracking matters—she carries influence in Albany. She’s also anti-drilling, as MDN pointed out in March (see NY Assemblywoman Donna Lupardo: Fracking Friend or Foe?). She coyly attempts to straddle the fence with her language, but her actions speak so loudly we no longer hear her political double-speak.

Once again Lupardo proves her anti-drilling creds. She has just sent (yet another) letter to DEC Commissioner Martens (full copy embedded below). This time Lupardo wants to let Martens know she’s miffed that he won’t assemble the fracking advisory panel per her previous request earlier this year, and to let him know she thinks the never-ending health review of fracking regulations by State Health Dept. Commissioner Nirav Shah should be put on immediate hold. To which we say, really? The health review is already on hold! More on Lupardo’s anti-drilling snit fit to Martens…
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Anti-Drilling/Fossil Fuel | Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Sullivan County

Debra Winger: Vote Early & Vote Often – Against Fracking in NY
October 8, 2013October 8, 2013

Hollywood actress Debra Winger, who not only has an apartment in New York City but owns a “farm” in Sullivan County, NY (Upstate for the uninitiated), is on a mission. Her mission is to get her other Hollywood and Downstate pals that also own a place in Sullivan County to register to vote there. Register once? Register twice? We’re not sure she’s advocating voter fraud (although she may be).

Winger wants Downstaters to register to vote in Sullivan County so they can pack local town boards with anti-drillers–just in case Gov. Andrew “Spineless” Cuomo suddenly grows a spine and allows shale drilling…
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Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Regulation | Statewide NY

NY Frack Ban Cases Make (Glacial) Progress, Some Dates to Share
October 7, 2013

In August MDN told you that New York’s highest court, the Court of Appeals, would hear the twin cases of Dryden and Middlefield (see BREAKING: NY Court of Appeals will Hear Dryden/Middlefield Case). There are two things that keep shale drilling away from New York right now: (1) Gov. Andrew Cuomo’s spineless inability to take a stand and do the right thing to allow it, and (2) the Dryden/Middlefield cases. MDN believes the court cases are the more important of the two. Cuomo will come around sooner or later–he has to. However, if the court says a majority vote from a local town board can ban fracking thereby denying property rights for landowners throughout an entire township–that’s the death knell for drilling in New York. No sizable driller will gamble with hundreds of millions in lease money to see a local town simply vote to shut it all down. Too risky. (For our analysis of the New York situation, see the post: Anti-Drillers Attempt a Brave Face with NY Appeals Court Decision.)

So the Dryden/Middlefield cases are of supreme importance in the fight for property rights and to allow drilling for New York’s landowners. What’s the latest in those all-important cases? They’re moving along at the speed of a glacier–but at least we now have some dates to share…
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Anti-Drilling/Fossil Fuel | Energy Services | Industrywide Issues | Inergy | New York | Schuyler County

Walkin’ and Talkin’ and Prayin’…To Seneca Lake?
October 7, 2013October 7, 2013

Saying that “every body of water has a spirit” and attempting to communicate with that spirit, later this week a small group of (wacko) anti-drillers intend to walk 80 miles around Seneca Lake, NY to pray to the lake spirit that no evil fracking comes to harm the little water nymphs that live in the lake. Or something like that.

We long ago gave up on trying to figure out these people…
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Delaware County | Energy Services | Industrywide Issues | Millennium Pipeline | New York | Pipelines | Regulation

Millennium Pipeline Gets FERC Approval for Hancock, NY Compressor
October 4, 2013October 4, 2013

The Millennium Pipeline is a major northeastern natural gas transmission pipeline that starts in Steuben County, NY, runs along the center/bottom of the state (an area called New York’s Southern Tier) and angles down through the Catskill Mountains toward New York City, ending in Rockland County, NY. If you know anything about the geography of New York, it roughly parallels State Route 17 (in parts now called Interstate 86). The Millennium runs close to where MDN sits, not far from Binghamton. It handles an increasing amount of Marcellus Shale gas and is one of the important ways Marcellus gas gets to market.

Just down the road about 33 miles from MDN is a little town called Hancock, NY–in Delaware County. The Millennium runs by Hancock. The company previously filed a request with the Federal Energy Regulatory Commission (FERC) to build a new compressor plant near Hancock, at a location called Hungry Hill. The Millennium wants to install a single 15,900 horsepower compressor engine to increase pressure and throughput of gas in the pipeline as it flows through Delaware County. A compressor at Hungry Hill would add 107,500 thousand cubic feet per day of additional capacity to the pipeline. FERC has just green lighted the project…
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Anti-Drilling/Fossil Fuel | Hydraulic Fracturing | Industrywide Issues | New York | Statewide NY

Willie Nelson & Friends are No Friends to Farmers
September 25, 2013September 25, 2013

A bunch of once-famous singers took to the stage this past weekend in Saratoga Springs, NY to lend Willie Nelson some help with his annual Farm Aid concert. Willie & friends were there to raise money for farmers and to bash fracking–the very thing that would raise more money for poor farmers than all of Willie’s concerts added together since he began doing them in the last century.

Among the has-beens who took to the stage was 94 year-old Pete Seeger–or a very passable taxidermist’s version of him. Pete had to get his licks in by bastardizing Woodie Guthrie’s song, “This Land is Your Land”…
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Anti-Drilling/Fossil Fuel | Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

JLCNY Asks Why Actors Couldn’t Keep Fracking Out of CA
September 25, 2013September 25, 2013

As MDN noted on Monday, California now has new fracking regulations signed into law by none other than Jerry “Moonbeam” Brown (see CA Gov. Jerry Brown Signs Bill into Law to Allow Fracking).

The Joint Landowners Coalition of New York (JLCNY) also noticed the CA vote and points out the irony of Hollywood actors who preen in New York State who claim that so far they’ve defeated fracking here, but who apparently couldn’t keep fracking from happening in their own state…
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