NY Landowner Who Sued for “Takings” re Frack Ban Loses Fed Case

Is this the sad end to a noble cause? In 2015 MDN told you about an Allegany County, NY attorney/landowner who filed a lawsuit against the New York Dept. of Environmental Conservation (DEC) over their infamous and politically-motivated ban on fracking (see 1st Lawsuit Filed Against NY Cuomo Frack Ban – in Allegany County). The lawsuit was filed in state Supreme Court in Allegany County. Don’t be fooled by the Supreme Court label. In NY, Supreme Court is one level up from county court. The Supreme Court judge tossed the case saying the attorney/landowner didn’t have standing to file the lawsuit in the first place because he never had a permit to drill on his property. The Appellate Division later upheld the decision. The attorney/landowner then filed the same lawsuit in federal court–bypassing Cuomo-appointed state judges–in federal court last December (see NY Resident (& Lawyer) Sues DEC in Federal Court re Frack Ban). On Monday U.S. District Judge Michael Telesca ruled in that case–against the attorney/landowner, on what amounts to a technicality, saying the case violates the 11th Amendment of the U.S. Constitution which protects states from being sued for money in a federal court. Is this now the end? Does our intrepid attorney/landowner, have anything else up his legal sleeve?…
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NG Advantage’s Virtual Pipe Comes to the Rescue in Downstate NY

NG Advantage, the pioneer in “virtual pipeline” trucked CNG service, majority-owned by Clean Energy Fuels, tried to build a compressor station/trucking hub in a Binghamton, NY suburb, but that effort failed earlier this year due to local opposition (see NG Advantage Virtual Pipeline Project Near Binghamton is Dead). We’re sure the entire situation left a sour taste in NG’s mouth. Even so, this past winter NG didn’t turn its back on New York State, much to their credit. National Grid, one of the largest investor-owned energy companies in the world (covering Massachusetts, New York, Rhode Island and the UK), had a problem in Long Island during the winter months. As temps got super low, National Grid needed more natural gas to meet the spike in demand from customers. NY is pipeline-phobic, so what could National Grid do? They turned to NG Advantage and NG rose to the occasion, trucking CNG (compressed natural gas) from facilities in Massachusetts and Vermont to Long Island, helping supply National Grid customers in the Empire State. Here’s the story of a company that didn’t turn its back on NY…
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When Neighbors Go Bad: NY Forcing New England into Blackouts

Last winter, from Dec. 26 to Jan. 9, the northeast and New England experienced an extreme cold snap. New England essentially ran out of natural gas needed to feed electric generating plants. The entire region came razor close to succumbing to rolling blackouts. The only thing that prevented the blackouts was the restart of 1960s oil-burning electric plants. During that two week period, New England burned through 2 million barrels of oil to keep the lights on. Scary. Although a number of circumstances conspired to produce this “perfect storm” that almost tripped over into blackouts, there is one main, towering, primary reason why it happened: lack of natural gas pipelines. And there is one main, towering, primary reason why there aren’t more pipelines to flow more natgas into New England: New York Gov. Andrew Cuomo. Andy has admitted, on camera, that his policy is to block any/every/all new natural gas pipelines (see NY Gov. Cuomo Says He’ll Block All New Gas-Fired Elec Plants). It is breathtaking hubris and arrogance. As we’ve pointed out, keep an eye on what’s happening in Canada with the Trans Mountain Pipeline project–where one province (British Columbia) refuses to allow a pipeline from a neighboring oil-producing province (Alberta) to cross through. It’s turned into a nasty civil war, complete with everything but bullets flying. The whole mess is enough to make Kinder Morgan, owner of the Trans Mountain system, sell it to the Canadian government (see Kinder Morgan Says No Thx to Canadian Civil War, Selling Pipeline). Sooner or later Maine, Massachusetts, New Hampshire, Vermont (on the demand side) and Pennsylvania (on the supply side) are going to take aim at New York for blocking important interstate pipeline projects like the Constitution and Northern Access. Retribution is coming, you can bank on it…
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New Yorkers Pay 44% More for Electric than Neighboring States

On average, New York residents pay 44% more for electricity than neighboring states, like Pennsylvania. In January of this year, New Yorkers (and NY utility companies) were briefly forced to pay a record high of $140.25 per thousand cubic feet (Mcf) for natural gas, as opposed to what everyone else was paying (an average of $3.08/Mcf)–which is 46 times as much! Both stats are rooted in the same issue: NY pays WAY MORE for energy than it has to, because Andrew Cuomo is blocking natural gas pipelines into the state from PA. So says a new report titled “Pipelines and their Benefits to New York” (full copy below). The report, published by the Consumer Energy Alliance, examines the benefits of pipelines to New York, highlighting the need for affordable energy supplies to keep the daily lives of families and businesses across New York moving. Without those pipelines, we’re toast. You can’t build windmills and solar farms fast enough to meet the growing demand for electricity–and natgas. Cuomo’s dysfunctional energy policies are blocking all New Yorkers, upstate and downstate, from living even moderately prosperous lives…
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FERC Becomes Political as Seen in Rehearing Vote on NY Project

Has someone “gotten” to FERC Commissioners Cheryl LaFleur and Richard Glick–told them, “You vote against these pipeline projects or you don’t have a future in the Democrat Party”? That’s the thought we increasingly have as we watch the two sitting Democrats on FERC repeatedly vote against projects that in some cases they previously voted to approve. What makes someone like LaFleur flip and change her vote on something that two years ago she was 100% on board with? Something has to explain it! Two and a half years ago LaFleur, then a member of FERC, voted to approve Dominion Energy’s $165 million New Market Project, a project that expands Dominion’s transmission pipeline from western New York across the state to the Capital Region of the state, near Albany (see FERC Approves Expansion of Dominion Pipeline in Upstate NY). The radical leftist group Otsego 2000 challenged the project, asking FERC to reconsider its approval, using mythical man-made global warming as a new criteria to reject the project. Last Friday the three Republicans FERC commissioners voted “no” to reconsider the New Market Project, but LaFleur and Chuck Schumer-appointed Richard Glick (both Dems) voted to reconsider, citing global warming concerns. Again, we wonder if someone has gotten to them. A sad day that FERC is longer a non-partisan group…
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Canadian Civil War Previews What’s Coming in NY re Pipelines

Two Canadian provinces that share a border, Alberta and British Columbia (BC), are in the midst of a heated argument/conflict/civil war(?)–over a pipeline. We’ve not covered the conflict, until now. The short version is this: Alberta has a rich deposit of oil in what are called oil sands. In order to get more of the bountiful supply of oil to new markets, in Asia, Alberta needs a new pipeline. Kinder Morgan operates the Trans Mountain Pipeline system and previously proposed expanding Trans Mountain–from Alberta through British Columbia to the shore where the oil can be loaded on tankers and sailed to other continents. BC has blocked the new pipeline, and so now Alberta has passed a law that allows them to stop existing oil and gas flows into BC. If that happens, it will bring BC to its metaphorical knees from lack of energy sources. Yes, it’s getting nasty. The Canadian federal government is also involved, attempting to pressure BC to allow the pipeline. What does that have to do with the Marcellus/Utica? If we were to say “Constitution” or “Northern Access”–perhaps the light bulb will go off. You see, we have a parallel situation here in the states. New York State is blocking gas pipelines critical to PA (as supplier) and to the New England states (as demand centers). At some point, it’s not beyond the realm of possibility that PA will begin to turn off existing natgas flows into NY–and then what will we do? We New Yorkers would be royally screwed. Gov. Cuomo pay attention to our neighbors to the north. What’s happening up there is coming in your direction, if you don’t change course…
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Williams Refiles Application with NY DEC for Transco NESE Project

In April MDN told you that the New York Dept. of Environment Conservation (DEC) had rejected a modest pipeline expansion proposal by Williams’ Transco Pipeline subsidiary (see Cuomo-Corrupted DEC Denies Permit for Williams NESE Pipe Project). The project, which we’ve previously written about and are actively promoting, is called the Northeast Supply Enhancement (NESE) project (see Time to Support Transco’s Northeast Supply Enhancement Project). NESE is meant to increase pipeline capacity and flows heading into northeastern markets. Transco wants to provide more Marcellus natural gas to utility giant National Grid beginning with the 2019-2020 heating season. National Grid operates in New York City, Long Island, Rhode Island and Massachusetts. There are a number of components to the project, but the key component, the heart of the project, is a new 23-mile pipeline from the shore of New Jersey into (on the bottom of) the Raritan Bay–running parallel to the existing Transco pipeline–before connecting to the Transco offshore. The DEC warned Williams that they would reject the application as incomplete unless/until FERC itself provides an environmental assessment of the project. That happened in March, but the DEC said it didn’t have enough time to review it and requested Williams refile (we’ve heard that one before). Given Cuomo is refusing to approve any new natural gas pipeline projects (see him say it point blank in this video), we’re not optimistic that the DEC will actually approve it this time either…
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NY Gov. Cuomo Says He’ll Block All New Gas-Fired Elec Plants

We’re simply at a loss for words. New York Gov. Andrew Cuomo is not a dictator, or is he? Cuomo said on a recent campaign stop that he will unilaterally, illegally, block all new “fossil fuel” powered electric plants in the state, including clean-burning natural gas-fired plants. The man is delusional. He doesn’t have that power–unless the sheeple that live in NY allow him to get away with it. We New Yorkers must rise up and stop this megalomaniac before he plunges NY into the ash heap of history. During a campaign event last Thursday, May 10, in Manhattan, Cuomo said with respect to new gas-fired electric plants: “I have not approved any new ones, and I won’t.” He also said that the state currently has gas-fired plants “all over the state” and that the “long-term plan is to close them.” Breathtaking arrogance! We’ve checked the state Constitution and we don’t find anything in it that vests the governor with the power to ban specific types of businesses in the state, whether for energy or otherwise. Where does he get off?…
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DOE Sec. Perry Hints Trump May Overrule States Blocking Pipelines

Is there a white knight that can ride in and save the day for pipelines being blocked by radicals like Andrew Cuomo in New York State? There may just be! Last week while testifying at a House Committee on Science, Space and Technology hearing, Dept. of Energy Secretary Rick Perry said that he believes states do not have the right to block interstate pipelines. Perry stopped short of saying that President Trump would consider issuing an Executive Order to approve projects like the Constitution Pipeline and Northern Access Pipeline projects in New York. But he did appear to hint at the possibility…
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Insider Reveals What’s Really Going On in NY Constitution Pipe Case

One of the lawyers who filed a petition with the U.S. Supreme Court requesting the Supremes hear the Constitution Pipeline case has written a column that rips the mask off New York Gov. Andrew Cuomo and exposes him for the corrupt autocrat he is. The column is long and uses a number of legal references and arguments, but we can sum it up this way: (1) Cuomo has been caught admitting he has imposed an illegal moratorium on new pipelines; (2) Cuomo’s action in blocking the Constitution and other pipelines usurps federal authority; and (3) Cuomo’s actions in blocking pipelines threatens national energy security. It’s not often we get the inside thinking of one of the key players in a high-profile lawsuit. Read the following and learn…
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Anti-Fossil Fuel NY Attorney General Eric Schneiderman Resigns!

Former NY AG Eric Schneiderman

One of the plagues we’ve had to endure in the Empire State is a totally out-of-control, mad drunk with an abuse of legal power, Attorney General Eric Schniederman. There isn’t a shale pipeline or drilling project in New York that Schneiderman hasn’t harassed. Apparently the oil and gas industry isn’t the only thing he harasses. Following a bombshell story in the ultra liberal The New Yorker magazine that accuses Schneiderman of rough sex and slapping woman around, he abruptly resigned as of today. Schneiderman’s resignation has nothing to do with the Marcellus/Utica, but his departure is cause for celebration in New York. Schneiderman was one of the ring leaders in a cabal attempting to shake down Exxon Mobil and other oil companies for billions of dollars, accusing them of “knowing” that oil causes mythical man-made global warming and is harming the environment. The fossil fuel projects in NY that Schneiderman opposed are legion–too many to count. No one in the industry will shed any tears over his departure now that Schnedierman has now been “exposed” (pun intended), hoist with his own petard. One example from the bombshell story: An ex-girlfriend (originally from Sri Lanka) told the New Yorker that Schneiderman, that paragon of ultra-liberal values, called her his “brown slave” and ordered him to call him “Master.” And if she didn’t? He slapped her, hard, until she did…
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Home Rule Chaos Reigns in NY – Towns Vote to Block Wind, Solar

In June 2014, New York’s highest court, the Court of Appeals, reaffirmed two lower court rulings that empowers townships and municipalities across the state to strip away property owners’ rights to allow drilling and other energy projects (see Shale Drilling in NY is Over – High Court Upholds Town Bans). NY’s high court ruled in the “Middlefield” and “Dryden” cases that local municipalities have the right to regulate energy development within their jurisdictions–where it can and cannot happen. The seeds planted with the “Dryden” and “Middlefield” cases has sprouted and is now in full bloom–like spring daffodils. So-called “renewable” energy projects are now being blocked using the very same decisions meant to block natural gas drilling–delicious irony that puts a big, fat smile on our face. On the other hand, it points out the truly horrific consequences by NY’s highest court in allowing each community to, in effect, regulate energy production. It is utter folly and lunacy. Welcome to New York…
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Supreme Court Rejects Constitution Pipe Request to Overrule NY

In January 2018, Williams, builder of the proposed Constitution Pipeline–124-mile pipeline from Susquehanna County, PA to Schoharie County, NY to move Marcellus gas into NY and New England–took their last, best shot at overturning a politically-based decision by the corrupt New York Dept. of Environmental Conservation (DEC) to deny the Constitution necessary water permits to build (see Constitution Pipeline Appeals NY Fight Directly to U.S. Supreme Court). Williams appealed an appeals court decision to the U.S. Supreme Court, hoping against hope that the high court would hear the case–and overturn the appeals court decision, thereby forcing NY to allow pipeline construction. Sadly, the attempt has failed. Yesterday the U.S. Supreme Court denied the petition to hear the case. Let’s be honest, it was a long shot to begin with–the Supremes only hear a handful of cases each year. But still, the decision is disappointing. Unlike antis, when our side loses a court case like this, we acknowledge and accept it. If it had gone the other way, antis would have claimed the court decision was illegitimate and launched illegal actions to block construction–like sitting in the tops of trees. They resort to anarchy, mob rule and bullying when they don’t win. We accept the rule of law and pledge to soldier on and fight another day. That’s the difference between unmoored radicals and people with their heads screwed on straight. So what happens now? Is this truly the end of the line for the Constitution? The project has one, possibly two very slim chances left…
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The Miseducation of Our Youth: Global Warming Brain Disorder

As supporters of the fossil fuel industry, we must deal with the issue of catastrophic, man-made global warming head-on. Our kids now grow up believing this lie, and they turn into activists demanding action–sometimes to the point of violence–in support of this lie. We recently read an opinion column by a young woman who appears to be bright, earnest, talented, dedicated–and she believes the lies taught to her about fossil fuels and their role in society. She recently protested in Albany, willing to risk arrest, all in the name of demanding Gov. Cuomo end the use of all fossil fuels in New York State. She’s deathly afraid (we’d call it a phobia) of a common occurrence: the construction and operation of a natural gas-fired power plant in Orange County, NY. What this young woman apparently doesn’t understand is that New York would be plunged back into the Dark Ages if we were to forgo all fossil fuel use–as she is demanding via her protests. Wall Street would move to another state with no electricity to operate its computer networks. Disease and death would be rampant throughout the state. Reliable electricity (used to charge the phone she uses to snap selfies of her protest marches and arrests) would be a thing of the past. It’s really quite sad that this young woman has been completely and incontrovertibly miseducated. Lied to. Education malpractice. The real shame is that she parades her abject ignorance for the world to see. The miseducation of our youth–the intentional lies told to them about man-made global warming, must stop…
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Cuomo-Corrupted DEC Denies Permit for Williams NESE Pipe Project

A new fight is shaping up in the (crumbling) Empire State. Once again Andrew Cuomo, at the prompting of Big Green groups (corrupted by their big donations to his campaign war chest) has instructed his lackeys who run the Dept. of Environment Conservation (DEC) to reject a modest pipeline expansion proposal by Williams’ Transco Pipeline subsidiary. The project, which we’ve previously written about and are actively promoting, is called the Northeast Supply Enhancement (NESE) project (see Time to Support Transco’s Northeast Supply Enhancement Project). The project is meant to increase pipeline capacity and flows heading into northeastern markets. Transco wants to provide more Marcellus natural gas to utility giant National Grid beginning with the 2019-2020 heating season. National Grid operates in New York City, Long Island, Rhode Island and Massachusetts. There are a number of components to the project, but the key component, the heart of the project, is a new 23-mile pipeline from the shore of New Jersey into (on the bottom of) the Raritan Bay–running parallel to the existing Transco pipeline–before connecting to the Transco offshore. In a pattern we’ve seen before, the DEC claims, falsely, that an application for a state water crossing permit is “incomplete.” The DEC, like Lucy with her football in the old Charlie Brown cartoons, offers the promise that “if only” the pipeline company will submit a “complete” application THEN they will approve it. But just like Lucy with the football, when the company gets close, the DEC pulls it away yet again. Fool me once… The DEC used this same tactic to defeat the Constitution Pipeline project. It sure feels to us like “here we go again”…
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New York Frack Ban a Result of Russian Collusion? Yes!

A blockbuster article appearing in the Heritage Foundation’s publication The Signal connects the dots to show how a Russian-funded and backed front group called the Sea Change Foundation funneled (money laundered) millions of dollars of Russian money to Big Green groups, including the Natural Resources Defense Council and the Sierra Club, and then how those groups used that funding to pressure Gov. Andrew Cuomo into banning fracking in the Empire State. It is a case of either knowing, or unknowing, collusion with Russia to shut down the shale industry in MDN’s beloved home state. And yet mainstream media actively blocks any reporting of this story. It is complicated and tough to show enough evidence to take to a prosecutor or judge, but when has that ever stopped mainstream/liberal media? The biased press has hounded Trump mercilessly for two years over collusion with Russia–something that never happened. And yet we now have a story about money laundering in Bermuda and a trail that shows Russian money influencing a frack ban in New York–and it’s silence. Crickets. The press is curiously uncurious about a connection between Russia and Cuomo and the frack ban. Why is that?…
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