Statewide NY

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    Breaking: NY Court Decisions in Binghamton & Sidney Cases

    exclusiveAn important development in two New York court cases that potentially impacts shale drilling in the state–and no, neither is (directly) about the Dryden or Middlefield town ban cases currently before New York’s highest court, the Court of Appeals. The two cases we’re referring to are (1) the City of Binghamton and their ill-fated “moratorium” thrown out by a lower court judge in 2012 and subsequently appealed, and (2) a similar moratorium in the Town of Sidney, NY.

    In the Binghamton case, the appeal of the tossed-out fracking moratorium authored by anti-drilling husband and wife team of David and Helen Slottje has been withdrawn–so that case is now officially ended and the moratorium remains tossed and unenforceable. This is big news with big implications. In the case of Sidney, the judge in that case (different judge from the Binghamton case) issued a decision yesterday, but as of the time we wrote and posted this story, we still do not have a copy of the decision. We’ll post it as soon as we get it. Let’s dive deeper into both cases…

    (Important update at the end of this article)
    Read More “Breaking: NY Court Decisions in Binghamton & Sidney Cases”

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    NY Pro-Drillers File Final Briefs in Dryden/Middlefield Cases

    court gavelAccording to Tom West, lead attorney in the New York “Dryden” court case that seeks to overturn bad lower court decisions that allow towns to completely ban fracking, the “last word” has been now been filed by landowners and (in the case of West’s client), drillers like Norse Energy. West, via his blog site, announced two days ago that the final briefs with counter-arguments have been filed for both the Dryden and Middlefield cases (copies of both final briefs are embedded below). According to West, additional friend-of-the-court briefs (called amicus briefs) will still be filed, but until oral arguments are heard in a few months, this is the final word from our side of the isle. Interestingly, when you read through the two briefs, they each make slightly different arguments–perhaps increasing the odds that something will resonate with the justices.

    Here’s what West says via his blog site about the filings:
    Read More “NY Pro-Drillers File Final Briefs in Dryden/Middlefield Cases”

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    Compare & Contrast 2 Eastern Democrat Governors on Shale Drilling

    Let’s compare and contrast “state of the state” addresses delivered yesterday by two Democrat governors in the eastern United States. Governor A has a thriving, business-friendly state that welcomes not only service businesses but specializes in ensuring heavy industry businesses are welcome and investing in his state. In fact, Governor A, who is not only business-friendly but also environment-friendly, works tirelessly to expand job opportunities for his residents, including shale jobs. He’s probably the only Democrat MDN would vote for! And that’s saying something.

    Governor B, on the other hand, generally sits on his rear-end, goes to expensive fundraisers deluding himself that he has a chance at the presidency, has the highest unemployment in the eastern U.S., is driving thousands of businesses (and business owners) out of his state each month while mouthing platitudes about being business-friendly, and frankly is a do-nothing governor. Can you guess which is which?…
    Read More “Compare & Contrast 2 Eastern Democrat Governors on Shale Drilling”

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    NY Releases a Draft (Frackless) State Energy Plan

    Last week Gov. Andrew Cuomo and New York State very quietly released a draft New York State Energy Plan for 2014. No fanfare. No nothin. The plan supposedly “sets forth a vision for New York’s energy future that connects a vibrant private sector market with communities and individual customers to create a dynamic, clean energy economy.” Completely absent from the plan? Shale drilling. Which means this is not really a plan at all, but a political advertisement that panders to Cuomo’s kook fringe left–people like Debra Winger, Josh Fox, Mark Ruffalo, Yoko Ono and a plethora of other non-thinkers.

    We were first alerted to the release by MDN friend and intrepid blogger Andy Leahy and his excellent NY Shale Gas Now! blog site. Must be the AP reads Andy, because not long after his post went live, the AP ran a story that’s been republished in dozens of newspapers coast to coast. Here’s Andy’s excellent take on the draft so-called “energy plan” from Gov. Frackless…
    Read More “NY Releases a Draft (Frackless) State Energy Plan”

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    NY’s Ongoing War Against Natural Gas – An Update

    Lenape Resources is one of MDN’s favorite NY-based energy companies. We’ve heard their CEO John Holko speak at events touting the benefits of shale drilling in NY. John doesn’t just say good things about drilling, he puts his money (and his time) into the cause as well. In 2012 Lenape sued the Town of Avon, NY (Livingston County) over their hastily passed fracking ban, a ban that not only bans horizontal or shale fracking (which isn’t even allowed in NY) but also ended up banning vertical fracking in the town, something that’s been going on in NY for more than 40 years. Lenape lost the case in lower court and appealed it (see Lenape Appeals Ruling, Seeks to Overturn Frack Ban in Avon, NY).

    In its heyday, before the NY frack moratorium that’s now 5 1/2 years old, Lenape employed 100 people. Today? They have 5 people. Sound familiar (cough *Norse Energy* cough)? NY is driving energy companies out of business with ongoing hostility by municipalities like Avon and with delays by the state. NY is about as business unfriendly as you get. Here’s an AP update on Lenape and the ongoing negative impact of the frack moratorium in NY:
    Read More “NY’s Ongoing War Against Natural Gas – An Update”

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    Does PA Supreme Court Act 13 Decision Affect NY Cases?

    Apparently there’s been some concern, confusion and downright misleading information circulating since the recent PA Supreme Court decision that grants municipalities in PA the right to continue zoning where shale drilling can and cannot take place (see PA Supreme Court Rules Against State/Drillers in Act 13 Case). Some have tried to draw parallels between the “Dryden” and “Middlefield” cases now before the NY Court of Appeals (NY’s highest court) and the decision by the PA Supreme Court, because both involve issues of home rule or the right of localities to impose zoning on oil and gas drilling.

    Even though both the PA Act 13 and the NY Dryden/Middlefield cases are both home rule cases, they are nothing alike and the PA case in no way impacts or affects the NY case. Perhaps the biggest difference between the PA and NY cases is this: In PA even though municipalities can now legally zone for oil and gas drilling, they must still allow oil and gas drilling in at least one zone. In NY, towns have completely banned drilling throughout the entire (rural) township. Huge difference. And there are other differences. Because of the ongoing confusion, the pro-drilling attorney for the Middlefield case, Scott Kurkoski, issued the following statement on the JLCNY website to clear the air and set the record straight…
    Read More “Does PA Supreme Court Act 13 Decision Affect NY Cases?”

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    NY’s Albany Anti-Frack Protest – Made Possible by Natural Gas

    Not only are the crazies marching in Maryland (see today’s story Maryland Anti-Fracking “Madness” Continues – Crazies on the March), they’re also about to descend on Albany, NY. MDN friend and occasional guest blogger Vic Furman, a retired IBMer and one of the leaders of the Joint Landowners Coalition of New York, provided the article below pointing out the hypocrisy of those who oppose shale drilling. Vic says that in nine days when anti-drilling protesters arrive in Albany (many from out of state), they will do so because natural gas and oil from shale drilling made it possible for them to be there.

    Take time to read Vic’s post and consider the salient points he makes:
    Read More “NY’s Albany Anti-Frack Protest – Made Possible by Natural Gas”

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    Anti-Fracking Slottjes Use Norse Energy NY Lawsuit as Fundraiser

    The husband and wife legal team of David and Helen Slottje are using the Article 78 lawsuit filed by Norse Energy against Gov. Cuomo, and Commissioners Martens and Shah as a shameless fundraiser. The Slottjes have made a career out of touring cities and towns in upstate NY, attempting to convince innocently ignorant town board members to illegally ban fracking, thereby denying the Constitutional rights of landowners throughout entire municipalities. The Slottjes have been doing it for years now. (See our initial impression of Helen Slottje from February 2010 in this article: DISH, Texas Mayor Calvin Tillman Visits Binghamton – Marcellus Drilling News was There.)

    All of that traveling and “pro bono” work needs to be funded somehow. So whatever the Park Foundation won’t pay them, they have to raise themselves, which they do by using a front organization called the Community Environmental Defense Council (Incorporated). The Slottjes are rather shameless in the yarns they spin, all the while sticking their hands out. Here’s the latest example of “never let a good crisis (or lawsuit) go to waste”…
    Read More “Anti-Fracking Slottjes Use Norse Energy NY Lawsuit as Fundraiser”

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    JLCNY Sends Gov. Cuomo a Lump of Coal for Christmas

    This one put a smile on our faces. The Joint Landowners Coalition of New York (JLCNY) sent around an email that encourages those who support drilling to print out and send a copy of the postcard we’ve embedded below. It shows a picture of a lump of coal and tells Cuomo he’s on the naughty list this year–but he still has a chance to redeem himself and make the nice list for next Christmas. Love it! It’s funny yet serious at the same time. The JLCNY hopes drilling supporters will print it out and send it (multiple times) over the next 30 days. We add our voice to theirs and encourage you to do just that.

    Here’s the message (and postcard) from Santa and the JLCNY:
    Read More “JLCNY Sends Gov. Cuomo a Lump of Coal for Christmas”

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    NYC Comptroller-Elect Scott Stringer: Anti-Fracking “Bully”

    New York City’s anti-drilling comptroller-elect, Scott Stringer, will take office in January. Even before he ascends to his throne, Stringer is filing a friend of the court (or “amicus”) brief on behalf of the Town of Dryden. Dryden, you may recall, illegally voted to ban fracking and has been challenged all the way to the state’s top court. In filing the amicus brief, Stringer said he wants to use the law as a “bully pulpit”. More like he just wants to bully other people by (ab)using the law.

    The really troubling aspect of Stringer’s character is his blatant disregard and mafia-like attitude that he’ll do what he wants to do and no one will stop him. Case in point: Stringer has not “ruled out” (meaning he’s planning to use) the $140 billion pension fund he’ll control when he assumes office to bully corporate boards over issues like fracking. Really nice guy that Scott Stringer…
    Read More “NYC Comptroller-Elect Scott Stringer: Anti-Fracking “Bully””

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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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    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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    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”