Statewide NY

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

Attn Gov Cuomo: CA Gov Brown Set to Sign Law to Allow Fracking
September 12, 2013September 12, 2013

This really does take the cake! NY Gov. Andrew “Ditherer” Cuomo is now considered left of CA Gov. Jerry “Moonbeam” Brown. Who would have ever thought it possible?

In under a year, California legislators have crafted new drilling rules which Gov. Brown is about to sign. Meanwhile, 5+ years later, Andy is attending fundraisers in the Hamptons, avoiding Southern Tier landowners and hiding from New York’s virulent anti-fracking protesters. Strong leadership skills there, don’t you think?…
Read More “Attn Gov Cuomo: CA Gov Brown Set to Sign Law to Allow Fracking”
Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Regulation | Statewide NY

How Long Before NY High Court Rules on Town Bans? An Answer…
September 9, 2013September 9, 2013

Two weeks ago MDN told you the encouraging news that the New York Court of Appeals (New York’s highest court) will hear the Dryden and Middlefield town ban cases (see Anti-Drillers Attempt a Brave Face with NY Appeals Court Decision). Anti-drillers, like former Gannett and Binghamton Press & Sun-Bulletin reporter Tom Wilbur, are understandably shaken by this turn of events. They believe they had won (using NY’s courts) where they couldn’t win (in the political arena and the arena of ideas)–so when the high court said “yes” to hearing the case, they took it as a bad omen. They continue to put on a brave face, but make no mistake–they’re scared.

What about the timing for a decision in these twin cases being heard together as a single case? Wilbur does a good job of tracking down just how long the appeal to the high court will take to run its full course…
Read More “How Long Before NY High Court Rules on Town Bans? An Answer…”
Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Regulation | Statewide NY

JLCNY Fact Sheet on “Takings” Lawsuit – We Need More $$
September 5, 2013September 5, 2013

The Joint Landowners Coalition of New York (JLCNY) is ready to sue New York State on behalf of landowners for “takings”–the concept that the state has illegally stopped property owners from using their land and therefore must compensate them for it. The only thing the JLCNY needs now is money–and lots of it–to pay legal and research expenses. Once they have the cash, the lawsuit will go forward.

Dan Fitzsimmons, president of the JLCNY, sent an email yesterday with a “fact sheet” about the lawsuit (see it below). The fact sheet attempts to clear up lingering questions about the lawsuit–its purpose, the way it will go forward, and when it will go forward. Please take time to donate to the JLCNY’s legal fund (MDN is a proud contributor)…
Read More “JLCNY Fact Sheet on “Takings” Lawsuit – We Need More $$”
Industrywide Issues | Jobs | New York | Ohio | Pennsylvania | Statewide NY | Statewide OH | Statewide PA | Statewide WV | West Virginia

Marcellus/Utica Industry Looking to Hire More Locals
September 3, 2013September 3, 2013

Do you live in Pennsylvania, Ohio or West Virginia (or perhaps the Southern Tier of sad New York) and want a job working for the growing shale drilling industry? According to The Motley Fool, your chances of landing a job in the Marcellus/Utica industry have never been better. The Fool even has a few suggestions of companies looking to hire…
Read More “Marcellus/Utica Industry Looking to Hire More Locals”
Anti-Drilling/Fossil Fuel | Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

Anti-Drillers Attempt a Brave Face with NY Appeals Court Decision
August 30, 2013August 30, 2013

MDN was one of the first news/blog sites yesterday to break the news that the New York Court of Appeals has decided to hear the Dryden and Middlefield appeals. This is the best possible news landowners could receive (see BREAKING: NY Court of Appeals will Hear Dryden/Middlefield Case). As promised, below is MDN’s explanation of why we believe the Court of Appeals decision is the single most positive development NY landowners have had in several years (not hyperbole!).

However, before our analysis, some background on yesterday’s decision as given by an objective news source (the Wall Street Journal) and by a not-so-objective news source (the Albany Times Union)…
Read More “Anti-Drillers Attempt a Brave Face with NY Appeals Court Decision”
Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

RINO NY Sen Greg Ball Comes Out in Favor of Fracking…Sort of
August 30, 2013

Anti-drilling New York State Sen. Greg Ball (a Republican-In-Name-Only from Putnam County), perhaps sensing his next election prospects slipping away, has had a conversion of sorts to becoming a teeny, tiny little bit pro-drilling. In January 2012, Ball introduced a bill that would extend New York’s fracking moratorium until June 1st of this year (Bill to Extend Fracking Moratorium until 2013 Hits NY Senate). Obviously the law didn’t pass and wasn’t even needed. However, it showed the true colors of Greg Ball. Now he’s “seen the light,” supposedly…

Ball “came out” yesterday with an editorial published on his website and picked up by several media outlets. Here is his explanation for his change of heart and new-found, lukewarm, conditional support for fracking in NY:
Read More “RINO NY Sen Greg Ball Comes Out in Favor of Fracking…Sort of”
Energy Companies | Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Norse Energy | Regulation | Statewide NY

Norse Energy 2Q13: Concerned About Remaining ‘a Going Concern’
August 30, 2013August 30, 2013

MDN told you a few days ago about the sad state of affairs at Norse Energy (see Norse Can’t Dump NY Leases at Auction, Creditors Get Ready to Sue). The company released their second quarter update today (full copy embedded below). The update is based on the assumption the company will remain “a going concern.” They state that if they can’t sell their 130,000 acres of New York leases at a decent price, they’ll have to turn the lights off and walk away. The company is currently under bankruptcy protection and has been ordered to sell their last remaining asset–the leases.

One item from the 2Q13 update that caught our attention is that a group of approximately 60 landowners with a collective 6,000 acres are suing Norse to end their leases. Norse had invoked force majeure on the leases–a legal maneuver that states, roughly, “due to a circumstance beyond our control we’re extending the original lease term.” Of course the unforeseen circumstance is the now 5+ year moratorium on drilling in New York. If Norse starts losing already-signed leases left and right, they’ll have no assets left to sell at auction, so they are vigorously fighting the action by the landowners…
Read More “Norse Energy 2Q13: Concerned About Remaining ‘a Going Concern’”
Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Regulation | Statewide NY

BREAKING: NY Court of Appeals will Hear Dryden/Middlefield Case
August 29, 2013August 29, 2013

Important and breaking news as MDN gets published… The New York Court of Appeals (our state’s highest court) has decided to review a lower court ruling on the Dryden and Middlefield cases in which townships banned shale drilling and fracking for everyone in the town. This is fantastic news for New York landowners. We will have more analysis tomorrow. In the meantime, here’s a statement issued by the Joint Landowners Coalition of New York:
Read More “BREAKING: NY Court of Appeals will Hear Dryden/Middlefield Case”
Anti-Drilling/Fossil Fuel | Hydraulic Fracturing | Industrywide Issues | New York | Pennsylvania | Regulation | Statewide NY | Susquehanna County

What Did NYC Lawmakers Find when Visiting NE PA Frack Sites?
August 29, 2013August 29, 2013

A small group of anti-drilling New York State lawmakers from Westchester County and New York City came to Susquehanna County, PA yesterday for a “tour” of one of the most drilled (and productive) natural gas counties in PA. We’re guessing local anti-drilling celebrity (and potty mouth) Vera Scroggins led the tour, although we don’t know for sure. Regardless of who led it, the aim was to show the devastation fracking hath wrought to this poor, defenseless county. Unfortunately for Vera and other anti-drillers, reality trumps their hallucinations.

MDN was not along for the so-called tour, but we know what the visiting city folks found because we’ve also toured the county and its drilling sites: They found a pretty, rural county where the people are happy and employed, (some of them newly rich, which disgusts the old rich of NYC), and where there is no industrial wasteland. Sometimes trucks clog the roadways–but nothing like the traffic the visiting downstate lawmakers experience every day of their lives…
Read More “What Did NYC Lawmakers Find when Visiting NE PA Frack Sites?”
Health Impacts | Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

Is Cuomo Buying Off Health Commissioner to Delay Fracking Report?
August 28, 2013August 28, 2013

It’s now apparent to everyone that NY Gov. Andrew “Ditherer” Cuomo is using State Health Commissioner Nirav Shah as his excuse to delay making a decision about whether or not to allow fracking in the state. What’s Shah been up to? Going on junkets–trips where he supposedly confers with people knowledgeable about fracking in other states (and countries). For what? He can’t pick up the phone and call? Doesn’t he have email (or a physical mailing address) so people can send him information? Does he need to be face-to-face so he can look in their eyes to be double-dog sure they’re telling him the truth?

Sure sounds to us like Shah is being bought off with all-expenses paid vacations (averaging about one a month) from Prince Andrew in return for being the whipping boy. Here’s the timeline of Shah’s junkets…
Read More “Is Cuomo Buying Off Health Commissioner to Delay Fracking Report?”
Energy Companies | Industrywide Issues | Litigation | New York | Norse Energy | Statewide NY

Norse Can’t Dump NY Leases at Auction, Creditors Get Ready to Sue
August 28, 2013August 30, 2013

Norse Energy, the little energy that ultimately couldn’t (drill, because of Andrew Cuomo), bet big on New York State. It was the wrong bet. Norse holds 130,000 acres of leases in New York and literally bet the company’s future on New York’s willingness to allow fracking. The company lost the bet when they went into bankruptcy last year and finally had to put the only assets they had left on the auction block–130K leased acres–earlier this year (see Bankrupt Norse Energy to Sell NY Leases – Who Will Want Them?). As we stated at the time, who would be willing to purchase the Norse leases with a) Cuomo still not decided on whether drilling can happen in NY, and b) the courts still not decided about whether towns can ban drilling. Our answer: no one will be willing.

Norse has confirmed our logical deduction. The company issued a short statement yesterday stating they received a few low-ball bids for the leases, but the bid amounts are not near enough to satisfy creditors left holding the bag. Those creditors are now looking at filing lawsuits against Norse and its management…
Read More “Norse Can’t Dump NY Leases at Auction, Creditors Get Ready to Sue”
Broome County | Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

Pro-Drilling Rally Welcomes Pres. Obama in Binghamton Aug 23
August 26, 2013August 26, 2013

Friday was a picture perfect, late summer/early fall day in Binghamton with temperatures around 75 degrees and blue skies. MDN editor Jim Willis had the pleasure of hanging out for a few hours with pro-drilling “salt of the earth” types of folks at Otsiningo Park in Binghamton, NY. About 250 pro-drillers were on hand with signs lined up along a fence bordering Interstate 81 to welcome President Barack Obama as his motorcade/bus whistled past the park on their way to Binghamton University where the President held a town hall meeting to discuss his education plans (i.e., have everyone else pay for your child’s college education via high taxes).

Drilling supporters were there to not only affirm and encourage Obama in his “support” of fracking, but to shame our spineless and indecisive governor, Andy Cuomo, for his lack of leadership on the issue of fracking and shale drilling. Drilling supporters want it known their patience has run out and they see Cuomo for what he is: kowtowing to the extreme left of his own party. It’s repugnant and it’s economically hurting landowners in the Southern Tier of New York State…
Read More “Pro-Drilling Rally Welcomes Pres. Obama in Binghamton Aug 23”
Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

Gov. Cuomo Continues Trend of Excuses on Fracking Issue
August 13, 2013August 13, 2013

Is New York Gov. Andrew Cuomo is an economic ignoramus? His own statements seem to indicate he’s clueless when it comes to the benefits of shale drilling and how it would impact the upstate economy.

Yesterday, Gov. Spineless offered yet more excuses for his waffling on the issue of fracking:
Read More “Gov. Cuomo Continues Trend of Excuses on Fracking Issue”
Anti-Drilling/Fossil Fuel | Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

MDN Calls for the Criminalization of the NY Green Party
August 12, 2013August 12, 2013

Does that headline sound a bit unhinged? Over the top? Sorta stupid? It’s no more stupid than the New York Green Party calling (as it has done yet again) for the “complete criminalization” of fracking in the Empire State. We thought we would illustrate absurdity with absurdity and call for criminalizing the stupidity that’s rampant in the Green Party. The unhinged and wacko Greens want to turn a safe, legitimate and needed industrial activity–fracking–into a criminal act. They point out that, Hey man, even the pot smokers in Woodstock, NY have voted to criminalize fracking (our words).

We propose that the Greens’ stupidity is itself a criminal act. Here’s the latest lunacy from the anti-drilling left in the People’s Republic of New York, otherwise known as the Green Party:
Read More “MDN Calls for the Criminalization of the NY Green Party”
Anti-Drilling/Fossil Fuel | Broome County | Chemung County | Economic Impact | Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY | Steuben County | Tioga County (NY)

Cuomo & DiNapoli: Asleep at Sales Tax Switch in NY Southern Tier
August 12, 2013August 12, 2013

MDN has long chronicled the sad situation for landowners in New York State with a moratorium that is, as of today, 5 years and 20 days old. It has had catastrophic economic consequences for New York, especially for those who live in the Southern Tier of the state–that area along the mid-state “southern” border with Pennsylvania (Broome, Tioga, Chemung, Steuben counties). Gov. Andrew Cuomo is spineless on the fracking issue–that much is clear. He won’t stand up to the shrill and unreasonable voices in his own party. No one will take him seriously on the national stage. Cuomo’s rising star has become a shooting star–straight down.

Thomas DiNapoli, NY State Comptroller, is clearly an avowed anti-driller. We’ve brought you a number of stories that illustrate his disdain for drilling (see MDN stories about DiNapoli here). We find it particularly offensive and hypocritical (although not surprising) that DiNapoli has just issued a report that shows sales tax revenue is up in most of the state’s counties, but down in Southern Tier counties–down a lot. DiNapoli bemoans the fact that the Southern Tier continues to take it in the neck–yet he makes no mention of how shale drilling could instantly reverse the economic misery of Southern Tier residents. Typical politician–identify the problem but offer no solutions…
Read More “Cuomo & DiNapoli: Asleep at Sales Tax Switch in NY Southern Tier”
Broome County | Chesapeake Energy | Energy Companies | Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Regulation | Statewide NY | Tioga County (NY)

Chesapeake Energy Throws in the Towel on NY Shale Drilling
August 7, 2013August 7, 2013

A good news/bad news story. The good news is that Chesapeake Energy is giving up the legal fight with landowners in New York to extend their leases beyond the original lease term. MDN has long chronicled the fight on the part of landowners to stop Chesapeake from claiming force majeure to extend leases signed for (in some cases) just a few dollars per acre–leases signed long before horizontal drilling and fracking were contemplated (see More on the NY Force Majeure Ruling Against Chesapeake). After two years of legal wrangling, Chesapeake is throwing in the towel. Landowners will now be able to sign with another company, if drilling ever comes to NY.

The bad news is, Chesapeake is throwing in the towel–as in they are giving up on NY–tired of the ongoing five-year moratorium in shale drilling. Wake up Cuomo! Your actions have caused this! You are causing direct economic harm to your residents every day the moratorium stays in place…
Read More “Chesapeake Energy Throws in the Towel on NY Shale Drilling”