Statewide NY

Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

Pathetic Response to Threatened Lawsuit over NY Frack Regs
December 6, 2013December 6, 2013

On Monday, Tom West, an attorney for Norse Energy, sent a “demand” letter addressed to NY Dept. of Environmental Conservation (DEC) Commissioner Joe Martens with the not-so-subtle threat that unless Martens releases the fracking regulations (called the SGEIS), Norse will sue Martens, and Gov. Andrew Cuomo, and State Health Commissioner Nirav Shah under Article 78 for not doing their jobs. That is, Norse (via West) will sue to force the release of the SGEIS (see Tom West Demands DEC Com. Martens Release the SGEIS – Soon). All three of the anti-fracking cabal (Cuomo, Martens, Shah) got the letter.

So far Cuomo himself hasn’t had the guts to say anything about the letter or potential lawsuit. Neither has Joe Martens. Instead, they continue to let State Health Commissioner Shah catch the spears for it. At a public health forum in Manhattan on Tuesday, Shah addressed the issue by saying, in essence, Shazam! We done just got us some new informations in just the past few weeks (can ya’ll believe that?)! Ya’ll can’t rush this, ya know. To which we say, “pathetic”…
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New York | Statewide NY

NY Farm Bureau “Shoots Down” Anti-Fracking Plank at State Meeting
December 5, 2013

The New York Farm Bureau is a grassroots organization made up of volunteers–farmers–to lobby for agricultural issues. It is a superlative organization. The folks who belong are salt of the earth types of people–people who don’t want their land ruined because they make their living from the land. If anyone is concerned about the potential harm from hydraulic fracturing, it is the farmers on whose land the procedure will be done. They have a vested interest in ensuring their land remains workable.

So it’s no small thing that some farmers introduced a resolution that calls for a ban on fracking in New York. And it’s also no small thing that the resolution was voted down–overwhelmingly–by the majority of members. That is, New York farmers have looked across the border to their farming cousins in Pennsylvania, and over in Ohio, and in West Virginia, and they see that fracking has not harmed the land there and have rightly concluded it would work just fine here in New York too…
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Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Regulation | Statewide NY

Tom West Demands DEC Com. Martens Release the SGEIS – Soon
December 3, 2013December 2, 2013

Yesterday Tom West, lead attorney with The West Firm in Albany, NY, issued a “demand” letter to Dept. of Environmental Conservation (DEC) Commissioner Joe Martens (full copy of the letter embedded below). The hand-delivered letter (arrived around 12:30 pm we’re told) tells Martens that, as MDN revealed last week, The West Firm has been retained as legal counsel for Norse Energy (see Norse Energy Suing NY Gov Cuomo to Force Release of SGEIS). The letter asks (actually demands) that Martens inform West within the next two weeks of the “date certain in the near future” he plans to release the SGEIS drilling regulations…or else.

The “or else” is not spelled out in the demand letter, but we know what it is: If Martens does not release the drilling rules promptly, West will file an Article 78 lawsuit to force Martens–and Gov. Cuomo and Health Commissioner Nirav Shah–to get off their rear-ends and just do their jobs. That’s what an Article 78 is–a citizen or company’s legal way of forcing recalcitrant and disobedient public servants (Martens, Cuomo and Shah) to do the job they were hired to do. So three cheers for Norse Energy and Tom West! Finally we should start to see a resolution to the 5 year, 4 month and 10 day old defacto ban (i.e. “moratorium”) on shale drilling in New York…
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CNG/LNG | Industrywide Issues | New York | NG Vehicles | Regulation | Statewide NY | Trucking

21 LNG Fueling Stations Coming to NY in Next 5 Years, Maybe
December 3, 2013December 2, 2013

Recently MDN brought you the story that New York State is the only state in the union that does not allow liquefied natural gas (LNG) storage and fueling stations (see LNG Storage/Fueling Stations Latest Anti-Drilling Target in NY). Such facilities were banned after a tragic accident at a Staten Island LNG facility killed 40 workers in the early 1970s. Wacko anti-drillers oppose building new ones because, well, they’re wacko. Calmer heads, however have prevailed and the Dept. of Environment Conservation expects to finalize new regulations early next year to allow construction of LNG storage/fueling facilities that can super-cool and store natural gas in a liquefied state.

Why is it important that NY get with the program? Why do we need LNG anyway? Because entire trucking fleets–like that of UPS–are converting from diesel to LNG because it’s cleaner burning and cheaper. LNG is a true win/win, regardless of what the ninny nanny naysayers say. Once the new regs are in place, the DEC estimates NY will see 21 new LNG facilities built over the next five years…
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Hydraulic Fracturing | Industrywide Issues | New York | Public Opinion | Statewide NY

Lies, Damn Lies…and NY State Polls on Fracking
December 2, 2013December 2, 2013

Last week MDN brought you the news that the Marist College poll shows a slight change of public opinion in New York State with respect to whether or not the state should allow shale drilling/fracking (see Latest Marist NY Poll Shows Slight Increase in Frack Opposition). The Marist poll showed, roughly, 37% favor fracking, 47% oppose it, and 16% are clueless. The day after the Marist poll was issued, Quinnipiac University issued their poll. Because the wording is slightly different, the Quinnipiac Poll found New Yorkers are more evenly split: 44% support fracking, 46% oppose it and just 10% are clueless.

Which just goes to show the immortal words of Mark Twain are as true today as they were more than 100 years ago. Here’s the detailed poll results from the latest Q poll…
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Hydraulic Fracturing | Industrywide Issues | New York | Public Opinion | Statewide NY

Latest Marist NY Poll Shows Slight Increase in Frack Opposition
November 27, 2013November 27, 2013

A new public opinion poll of New Yorkers was released yesterday by the Wall Street Journal/NBC 4 New York/Marist College. Among the questions asked was this one: “Hydrofracking is a process of splitting rocks underground to remove natural gas. From what you have read or heard, do you generally support or oppose hydrofracking in New York State at the Marcellus Shale?” For years the answers have been roughly even, about 40% for, 40% against and 20% clueless.

This latest NY poll shows the following statewide average: 37% support fracking, 47% oppose it, and 16% are clueless/unsure. So, a few more of the unsure people have now become sure and it’s breaking against fracking, maybe a few who used to support it no longer do, and those who were against it remain ideologically rigid and impervious to overwhelming evidence that fracking is safe (i.e. willfully stupid). End result: a few more are now in the opposition column. However, it’s when you dig into the numbers and the breakdowns by party, political philosophy, gender and geography that it becomes interesting…
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Commodity Price | Economic Impact | Hydraulic Fracturing | Industrywide Issues | New York | Statewide NY

Big News: Bloomberg Writes Positive Marcellus Shale Article!
November 27, 2013November 27, 2013

Whenever we start reading a Bloomberg article about the Marcellus Shale, shale gas drilling in general, or fracking, we just know how skewed to the anti-drilling side of the ledger the story will be. So imagine our surprise when we read an article that actually reports (gasp!) the truth about the Marcellus Shale. Even though Bloomberg usually tells us the low price of natural gas can’t last, the whole shale gas thing is a house of cards waiting to collapse, drillers are trying to hoodwink investors, blah blah blah–this time even Bloomberg can’t ignore the fact that natural gas being piped into New York City is selling below the price of the benchmark Henry Hub in Louisiana–and likely will for years to come. Thanks to the Marcellus.

The Bloomberg article does a good job of giving the big picture with respect to gas prices and how drilling has become more efficient, how infrastructure (pipelines) are helping to get all that gas to market (abundance of supply equals lower prices), and predicting what’s coming next. At the end of the article is an obligatory few sentences from anti-drillers about how shale drilling will poison all of our water and make farms uninhabitable. Well, it is Bloomberg after all. But on balance, this is a good article and worth your time to read. The article begins this way…
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Energy Companies | Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Norse Energy | Regulation | Statewide NY

Norse Energy Suing NY Gov Cuomo to Force Release of SGEIS
November 25, 2013November 25, 2013

This is BIG news: It seems we haven’t heard the last from Norse Energy–the Norwegian-based driller that just over a month ago converted from Chapter 11 bankruptcy, or “keep the creditors at bay while we reorganize,” to Chapter 7, or “sell off the furniture and turn off the lights” (see Lights Turned Off, Door Closed – Good Night, Norse Energy). There’s still a bit of fight left in Norse–or fight left in its creditors anyway. Late last week MDN received a tip from friend and intrepid blogger Andy Leahy, writer of the excellent NY Shale Gas Now! blog, about some of the biggest New York news we’ve heard in some time: Norse Energy, or what’s left of it, has decided to file a lawsuit against New York Gov. Andrew Cuomo, Dept. of Environmental Conservation (DEC) Commissioner Joe Martens, and State Health Commissioner Nirav Shah–a lawsuit that will force the release of draft drilling regulations called the SGEIS (Supplemental Generic Environmental Impact Statement).

The official lawsuit has not yet been filed but according to MDN’s sources, it will be filed in early December. This story is a bit complicated, so we’ll break it down for you and show you the evidence we have that a lawsuit against the Cuomo/Martens/Shah cabal is indeed on the way–very soon…
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Economic Impact | Hydraulic Fracturing | Industrywide Issues | New York | Ohio | Pennsylvania | Research | Statewide NY | Statewide OH | Statewide PA | Statewide WV | West Virginia

Marcellus/Utica States Slip in Global Petroleum Survey
November 21, 2013November 21, 2013

Each year, the Canadian-based Fraser Institute surveys petroleum industry executives and managers (864 of them for 2013) asking them their opinions on the barriers to investing in exploration and production in various geographies across the globe. That is, what makes them more likely or less likely to spend money drilling in a particular location? It’s vitally important to understand what drives investors because without money, drilling doesn’t happen.

The Global Petroleum Survey, as it’s called, tallies the survey responses and ranks each geography from most desirable place to invest, to least desirable. MDN reported the rankings last year (see Energy Execs Rank Drilling Locations Including WV, OH, PA, NY). A copy of this year’s full report/rankings is embedded below. How did Pennsylvania, Ohio, West Virginia and (yes) New York fare this year, compared to last?…
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Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

NY Congressman Chides Cuomo for Continued Fracking Delay
November 21, 2013November 21, 2013

Well there’s at least one New York Congressman with a spine–willing to stand up and call Gov. Andrew “can’t make up his mind on fracking” Cuomo what he is: someone who kowtows to fringe anti-drilling, anti-business wackos. Republican Congressman Chris Collins represents the 27th district in western NY–everywhere from the edge of Buffalo to the edge of Rochester, and from Lake Ontario to halfway down the state. It’s a large district.

Collins was speaking on the floor of the house yesterday in support of H.R. 2728 (see our companion story today on the two pro-drilling House bills that passed yesterday). Here’s Collins chiding his lordship Andy:
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Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

Cuomo Continues to Stall on Fracking in NY, Decision by Nov 2014
November 18, 2013November 18, 2013

In case you missed it, Gov. Andrew “the ditherer” Cuomo was asked the day after the November election by Binghamton reporter Bob Joseph (WNBF Radio) if he expects to make a decision on fracking before next November’s election. And Cuomo said, “Yes, I do.” Meaning, “Yes, I expect to make a decision, but I’ll hedge my bets and delay that decision as long as I can” (our words, but his real meaning).

Real presidential leadership by our fearless governor, wouldn’t you say? What a waste of a politician. No different than his prevaricating father Mario…
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Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Regulation | Statewide NY

JLCNY Landowner Lawsuit Against NY & Gov. Cuomo Ready to Go
November 14, 2013November 14, 2013

MDN recently received an email update from the Joint Landowners Coalition of New York (JLCNY)–posted below. The JLCNY reports their “takings” lawsuit against New York State, Gov. Andrew Cuomo, DEC Commissioner Joe Martens and State Health Commissioner Nirav Shah is now ready to go. Cuomo, Martens and Shah together form a cabal working against NY landowners by intentionally denying them their 5th Amendment Constitutional private property rights without just compensation. The JLCNY is ready to expose the cabal by filing this case.

According to JLCNY President, Dan Fitzsimmons, the legal team spent over 300 hours preparing the necessary court documentation, called a “complaint” in legalese (we’ve embedded a copy of the complaint below). The lawsuit will be filed on behalf of six New York landowners. The landowners are not (yet) named in the complaint, but if you read the complaint, you’ll see each one is uniquely identified–these are real people that are ready to go to court…
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Anti-Drilling/Fossil Fuel | Erie County (NY) | Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

NY Dems’ Testy Response to Criticism of Andy’s Fracking Indecision
November 11, 2013November 11, 2013

This is rich. The head of the Republican Party in New York State, Ed Cox, criticizes Democrat Gov. Andrew Cuomo over the issue of his impotency on the fracking issue (see Andrew Cuomo: Hamlet on the Shale), and the Democrats are so thin-skinned they immediately call for an investigation of Cox for “unethical or potentially illegal” actions. You can tell how vulnerable Andy and the Dems are on this issue by the way they misuse their power to try and obliterate all dissenting views.

Democrat State Sen. Timothy Kennedy of Buffalo is the latest shill to rise up and defend his boy Andy, calling for an investigation of Cox…
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Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

Andrew Cuomo: Hamlet on the Shale
November 6, 2013November 6, 2013

New York GOP Chairman Ed Cox makes a trip to Buffalo today to deliver the keynote address at the Independent Oil & Gas Association of New York’s annual conference. The title of his speech is, appropriately: “Andrew Cuomo: Hamlet on the Shale.” The title has echoes of his father, former governor of New York Mario Cuomo, who was known as Hamlet on the Hudson for his inability to make decisions on important issues. Apparently the apples does not fall far from the tree. Andy can’t make up his mind either–the mark of a weak leader.

Cox debuted a number of the points he will make in his speech last week in a New York Post column by Fred Dicker:
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Economic Impact | Energy Services | Industrywide Issues | Kinder Morgan | New York | Pipelines | Statewide NY | Tennessee Gas Pipeline

Kinder Morgan Opens the Valves on TGP Northeast Upgrade
November 4, 2013November 4, 2013

Good news for those who live in the northeastern U.S.–Kinder Morgan, owner of the Tennessee Gas Pipeline, said on Friday they have thrown the switch (or in this case opened the valves) on their new $500 million Northeast Upgrade Project. The upgrade to TGP’s system in Pennsylvania and New Jersey adds 636,000 dekatherms per day of additional capacity to the system, which means more Marcellus Shale gas is now flowing to markets like New York City and the coast of NJ.

This is very good news indeed. Kinder Morgan’s announcement from Friday:
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Air Quality | Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

Latest Laughable NY Anti Tactic – Not Enough Gas, Just Move Along
November 1, 2013November 1, 2013

A couple of nights ago a group of four retired anti-drilling ~~hippies~~ “smart people” tried the latest tact in the sad tale of frackless (and feckless) New York: Try to convince the unthinking masses with charts and maps and bamboozling bullcrap that recoverable, profitable natural gas stops at the border of Pennsylvania and New York. Yes that’s right folks. “Don’t bother to drill in NY because there just ain’t enough gas in the ground to make it worthwhile.” That’s what passed for smart and insightful, as delivered by Jerry Acton (pictured), Chip Northrup, Lou Allstadt and Brian Brock (anti-drillers all) at the once great Cornell University.

Master of ceremonies? The itinerant stand-up comedian and Cornell professor, Tony Ingraffea, of course…
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