Shapiro’s 1st Budget a Mixed Bag – Severance Tax Out, Carbon Tax In
Newly-elected Pennsylvania Governor Josh Shapiro unveiled his first-ever budget yesterday, and it was a whopper, coming in at $44.4 BILLION. We were keeping an eye on his budget for two primary things: (1) Does it include a severance tax? (2) Does Shapiro plan to get revenue from the Regional Greenhouse Gas Initiative (RGGI) carbon tax scheme? For the first, the answer is no. Thankfully, Shapiro did not lobby nor request a Marcellus-killing severance tax. Which is sure to tick off the left. However, it was a mixed bag because the budget DOES assume RGGI will kick in and provide the state with $663 million in proceeds for 2023-24. Wait, you thought Shapiro was against RGGI following his comments slamming it? Surely you’re not that dumb?
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Some 18 pro-business groups in Pennsylvania joined forces to send a letter to newly-elected Gov. Josh Shapiro and every member of the PA legislature. The letter, spearheaded by the PA Chamber of Business and Industry (also the Marcellus Shale Coalition and the American Petroleum Institute of PA), congratulates Shapiro and all those winning election or reelection. It was a verbal slap on the back. But the letter goes on to request all of these newly elected officials to work together to promote domestic energy production in the Keystone State. In other words, Why can’t we be friends?
Could air pollution related to drilling shale wells affect those who live nearby? In particular, does shale drilling negatively affect the health of older folks (over age 65)? How would we know if it is affecting their health? Researchers set out to answer that question by analyzing Medicare data for older folks who live near Marcellus drilling in Pennsylvania, comparing the data with older folks who live in nearby New York, where there is no Marcellus drilling. The researchers conclude that living near shale drilling increases the likelihood of old folks having a heart attack, stroke, and other cardiovascular issues.
New shale permits issued for Feb. 20-26 in the Marcellus/Utica slide lower last week. There were 29 new permits issued in total last week (down from 35 the week before), including 24 new permits for Pennsylvania, no new permits for Ohio, and five new permits issued in West Virginia. Last week the top receiver of new permits by far was the largest natural gas driller in the country, EQT Corporation, with 20 new permits split between Greene and Washington counties in southwestern PA.
Isn’t it typical for Democrats to try and use a crisis that has nothing whatsoever to do with shale and natural gas to block shale and natural gas? Seven members of Pennsylvania’s Congressional delegation, every single one of them a Democrat, sent a letter (copy below) to another Democrat, Secretary of Transportation Pete Buttigieg (an incompetent nincompoop), asking him to permanently delete a rule adopted during the Trump administration that allows LNG to be safely transported by special rail cars. The reason cited for banning LNG by rail? The train derailment in East Palestine, Ohio–an event that has nothing whatsoever to do with shale energy.
Coterra Energy, the new name for the former Cabot Oil & Gas that merged with oil driller Cimarex Energy, issued its fourth quarter and full-year 2022 update yesterday. Coterra’s natgas program is focused on drilling in Susquehanna County in northeastern Pennsylvania. A couple of things stood out for us from the update. First, Coterra’s Marcellus production dropped in 2022. During 4Q21, Coterra produced an average of 2.5 Bcf/d (billion cubic feet per day) of natural gas in the Marcellus, versus producing 2.1 Bcf/d in 4Q22–down 14%. For the full year, Coterra produced an average of 2.3 Bcf/d in 2021 and 2.2 Bcf/d in 2022–down 6%.
On February 15, 2023, the Supreme Court of Pennsylvania agreed to hear the case Dressler Family, LP v. PennEnergy Resources, LLC, a case addressing the question of whether Pennsylvania is an “at-the-well” jurisdiction, or a “first-marketable product” jurisdiction. The case may have profound implications for Pennsylvania landowners and drillers. The issue in this case revolves around whether or not a driller is allowed to deduct expenses from royalty payments for transporting and cleaning up natural gas between the well and the point of sale. Can a driller claim post-production deductions even if there are clauses that prohibit them?
We have a second article today dealing with post-production deductions in Pennsylvania oil and gas leases. Although this is an “in the weeds” legal article, it’s worth your time and attention (if you are a PA landowner or driller) to read it and understand it. The lawyers at Houston Harbaugh, P.C. have discovered an ingenious way of exposing “net back pricing” and claiming post-production deductions under market enhancement royalty clauses as being hypocritical–by using a clause found in some leases that allows “free gas.”
Big Green is Big Business–especially in Pennsylvania, where leftist groups routinely file a blizzard of lawsuits against the shale industry. Some Big Green groups receive funding from foreign sources, including Russia and China. They seem to have endless pools of money to litigate every square inch of new pipeline and every proposed new well pad. As if being repeatedly sued isn’t enough, these disgusting groups want the fossil fuel industry to pay them for their lawyers! When the groups are the ones filing the lawsuits!! The Democrat judges of the Pennsylvania Supreme Court, in a poorly reasoned decision issued yesterday, have granted Big Green the power to sue, and then get paid for suing.
Since 2015 we’ve reported on the case of Grant Township (Indiana County, PA), a town that passed an ordinance cooked up by the radical Big Green group Community Environmental Legal Defense Fund (CELDF) to try and block a state-approved injection well proposed by Pennsylvania General Energy (
Last summer then-Gov. Tom Wolf instructed the Pennsylvania Dept. of Environmental Protection (DEP) to conduct a comprehensive review of conventional oil and gas driller compliance with an eye on locating enough dirt to justify creating onerous new regulations for the industry (see