New York

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…
Read More “When Do/Don’t Municipal Frack Bans Violate the U.S. Constitution?”
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?…
Read More “Can Donald Trump Save Fracking in NY?”
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…

Read More “Cuomo Says NY Doing a Good Job on Frack Health Review (LOL)”
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…
Read More “NY Assemblywoman Donna Lupardo’s Anti-Drilling Snit Fit”
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…
Read More “Debra Winger: Vote Early & Vote Often – Against Fracking in NY”
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…
Read More “NY Frack Ban Cases Make (Glacial) Progress, Some Dates to Share”
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…
Read More “Walkin’ and Talkin’ and Prayin’…To Seneca Lake?”
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…
Read More “Millennium Pipeline Gets FERC Approval for Hancock, NY Compressor”
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”…
Read More “Willie Nelson & Friends are No Friends to Farmers”
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…
Read More “JLCNY Asks Why Actors Couldn’t Keep Fracking Out of CA”
Anti-Drilling/Fossil Fuel | Hydraulic Fracturing | Industrywide Issues | New York | Research | Statewide NY

Ingraffea to Defend the Indefensible: His Own Flawed “Research”
September 24, 2013September 23, 2013

Prof. Tony Ingraffea of Cornell University continues to embarrass his employer. A new study by the University of Texas and the Environmental Research Council was released last week that (gasp!) used actual science–you know, out in the field measurements–instead of fanciful theories like Tony uses (see New Study Final Nail in Coffin of Inflated Fugitive Methane Claims). The real science in this new study completely, utterly refutes the guesswork of Ingraffea and his cohort in less-than-rigorous research, Robert Howarth.

So what does Tony do? He heads back on the lecture circuit with his best-ever dog and pony to try and convince people his guesses really are better than actual scientific measurements. He may also try to sell you a bridge while he’s at it…
Read More “Ingraffea to Defend the Indefensible: His Own Flawed “Research””
Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

CA Gov. Jerry Brown Signs Bill into Law to Allow Fracking
September 23, 2013September 23, 2013

Last Friday, California Gov. Jerry “Moonbeam” Brown signed Senate Bill 4 into law–a new law that allows fracking in the state. In less than a year California took up the fracking issue, investigated it, debated it, crafted new regulations, and passed it–with Democrats in charge. Credit where credit is due, so our hat is off to them.

New York’s fracking moratorium (and debate) is 5 years 2 months old as of today. We believe California’s actions (and the following article) speaks for itself. However, just so we’re clear on our reason for highlighting the California vote last Friday: New York is broken. Whose fault is it? The person sitting in the governor’s mansion…
Read More “CA Gov. Jerry Brown Signs Bill into Law to Allow Fracking”
Health Impacts | Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Regulation | Statewide NY

NY Eco Group Sues Health Dept/Shah to Release Frack Health Study
September 18, 2013September 18, 2013

MDN has made it plain we believe New York State Dept. of Health Commissioner Nirav Shah, who in February of this year said he was just “weeks away” from releasing the results of his research on the potential public health impacts of proposed new fracking rules from the NY Dept. of Environmental Conservation, is covering for his boss, Gov. Andrew “Ditherer” Cuomo (see Cuomo Underling Shah: “No Timetable” on Fracking Decision). We on the pro-drilling side of the debate are not the only ones unhappy with the Cuomo/Shah marionette show.

This week an anti-drilling group from the Finger Lakes area–the Seneca Lake Pure Waters Association–sued Shah and the Dept. of Health in an attempt to get the research documents finally released. The Association previously filed Freedom of Information Law (FOIL) requests in an effort to obtain the documents but Shah refused. Now the courts may finally force Andrew the Great Ditherer to finally get off his rear-end and make a decision by requiring Shah to release his findings…
Read More “NY Eco Group Sues Health Dept/Shah to Release Frack Health Study”
Hydraulic Fracturing | Industrywide Issues | New York | Onondaga County | Public Opinion

Syracuse Poll: 83% Say Frack Here, Frack Now
September 18, 2013September 18, 2013

We think this is kind of funny. The Syracuse Post-Standard, a strongly anti-drilling publication, has done its best pejorative reporting on the issue of fracking in an attempt to whip up dissent in central New York. In their latest attempt to plant the seeds of FUD (fear, uncertainty and doubt) about fracking, they run a pro-drilling video created by the American Petroleum Institute on their website. In the introduction/setup for the video they remind people of a broken pipeline due to flooding. Then they ask people to fill out a snap poll asking whether or not fracking should be allowed here, in New York State.

The results of the poll (below) are astonishing. Although you might think readers of the Post-Standard would be largely anti-drilling, it’s quite the opposite. Out of 857 respondents (including yours truly), 83%, or 715 votes, say frack here, frack now. A paltry 86 people (10%) want it banned…
Read More “Syracuse Poll: 83% Say Frack Here, Frack Now”
Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

IOGA NY Launches “Natural Gas Number” Series to Educate Albany
September 18, 2013September 18, 2013

Who doesn’t remember, with fondness, growing up watching Sesame Street? On the air since 1969, Sesame Street has done more to influence and educate children (many now adults) than any other television show in the last 45 years. Their iconic “Today’s episode is brought to you by the letter — and the number –” made learning fun. Perhaps in a nod to the success of Sesame Street (or perhaps not), the Independent Oil & Gas Association (IOGA) of New York has launched a new campaign series called “Natural Gas Number” aimed at legislative leaders in Albany–people who badly need to learn the basic facts about drilling.

IOGA’s first “brought to you by” number is 1,882 — the number of days that have passed since the moratorium on shale drilling in New York began…
Read More “IOGA NY Launches “Natural Gas Number” Series to Educate Albany”
Economic Impact | Erie County (NY) | Hydraulic Fracturing | Industrywide Issues | Jobs | New York | Pipelines | Statewide NY | Supply Chain

A New Marcellus Pipe Manufacturing Plant Comes to…New York???
September 13, 2013September 13, 2013

Maddening? Yes. Startling? True. Teeth-gritting? You bet. Ironic and mystifying? Supremely so.

A Middle Eastern company has just announced they will invest $102 million to build a factory in South Buffalo, NY that will employ 170 people making steel pipes for the…wait for it…shale drilling industry. And who should plant his mug right in the middle of this announcement to take credit for the investment and jobs it will bring to the state? Gov. Andy Cuomo–the man who can’t decide whether or not he’ll approve fracking in New York. You can see why we’re having such a conflicted and mixed(-up) reaction…
Read More “A New Marcellus Pipe Manufacturing Plant Comes to…New York???”