New Bill Aims to Keep Drilling/Pipelines Out of Dela. River Basin
A new bill aimed at restricting shale drilling and pipelines in the Delaware River Basin has just been re-introduced by a pair of Delaware Democrats in Congress. It flies under the name of the Delaware River Basin Conservation Act. This is the fifth time the bill has been introduced (in 2013 it was HR 644, click here for the full text of the bill). The bill would vest the already out-of-control U.S. Fish and Wildlife Service with power and money to “identify and implement conservation activities” in the Delaware River Basin. The tipoff that this is anti-drilling is that it’s being promoted by the William Penn Foundation as well as the Delaware River Basin Commission. DRBC board members say the bill doesn’t step on their toes at all. In fact, DRBC welcomes the bill because it will help with “defending environmental quality in ways that are outside of its [DRBC’s] operations.” In other words, it’s one more tool to ensure shale drilling never happens in the Delaware River Basin…
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A court case decided earlier this week by New York’s Court of Appeals (NY’s highest court), will, in our opinion, have a profoundly negative effect on oil and gas development in the state, forever. Or until another court case overturns it (which seems very unlikely). The case, as its core, is about the question of whether or not state action or inaction constitutes an extraordinary action, in essence an Act of God outside of the control of parties who sign a contract. Years ago landowners signed leases to allow oil and gas drilling, often for a few bucks and acre, long before Marcellus and fracking were common, household words. Then came delay after delay in New York–from the governor–and eventually a more or less semi-permanent ban on fracking. Energy companies argued that the leases they had signed could be extended until the day they are allowed to drill in the Marcellus because of “force majeure”–the concept that due to circumstances beyond our control we could not drill as we intended during the original term of the lease, usually five years. The NY Court of Appeals on Tuesday decided that the state preventing drilling does not qualify as force majeure after the original five-year period of a lease (full copy of the decision below). If the original lease was extended for some reason and then the driller was prevented from drilling during the extended time due to state laws preventing it, it’s not force majeure in the eyes of the “wise” justices in Albany…