PA Court Hears Argument that RGGI Carbon Tax Creates MORE Emissions
Attorneys for both the Pennsylvania Dept. of Environmental Protection (DEP) and those representing gas-fired power plants were in PA Commonwealth Court on Wednesday. DEP’s attorneys argued the court should toss a lawsuit brought by the power-generating industry against an obscene carbon tax called the Regional Greenhouse Gas Initiative (RGGI) that DEP is trying to force on the state. Power generators argue in their lawsuit that RGGI will actually lead to MORE carbon pollution rather than less.
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New shale permits issued for Jan. 30 through Feb. 5 in the Marcellus/Utica were about half the number of the week before, but the week before was a recent record high. There were 26 new permits issued in total last week, including five new permits for Pennsylvania, six new permits for Ohio, and 15 permits issued in West Virginia. Which is a turnaround from previous months. Lately, WV has puttered along with just a few (if any) each week. Last week WV issued eight new permits to Antero Resources and seven new permits to Tug Hill Operating.
Have you ever heard of reviving an expired lease through retroactive pooling and unitization? We sure hadn’t. But apparently, it’s a thing in the Marcellus region. According to the legal beagles at Pittsburgh energy law firm Houston Harbaugh, in some cases, landowners with leases that were expired are being notified those leases are now part of an amended (back-dated) declaration of pooling, which shows a date prior to the lease expiring.
The heads of three major oil and gas groups in the Appalachian region–the Marcellus Shale Coalition (representing Pennsylvania), the Gas and Oil Association of West Virginia, and the Ohio Oil and Gas Association–combined to pen an open letter to President Biden encouraging him to let the Marcellus/Utica “lead the way” in achieving our country’s shared goals for domestic, affordable, and clean energy. It’s a great letter making strong and cogent arguments for why more M-U natgas can reduce emissions and benefit not only the economy but the environment. There’s just one small problem…
The Pennsylvania House Republican Policy Committee held a hearing yesterday in Harrisburg on the increasing energy costs that affect large and small businesses as well as homeowners. Several energy advocates, including Marcellus Shale Coalition President Dave Callahan, shared their thoughts and insights. High on the list of issues creating higher energy prices in the Keystone State are (1) the Regional Greenhouse Gas Initiative (RGGI, an obscene carbon tax), and (2) the ongoing issue of red tape from government bureaucracies like the Dept. of Environmental Protection.
Baker Hughes reported the rig count for last week saw the deepest cuts in rigs for any single week since June 2020 (just as the COVID pandemic and lockdowns were taking hold). The oil and gas rig count, an early indicator of future output, fell by 12 to 759 in the week ending Feb. 3. That is the lowest overall rig count number since September of last year. All of which sounds rather ominous. So we grabbed the numbers and updated our own spreadsheet/chart, and found the rig count across the three Marcellus/Utica states–Pennsylvania, Ohio, and West Virginia–remained a constant 52 active rigs over the past three months. Whew.
Yesterday two radicalized Big Green groups–the Environmental Integrity Project (based in D.C.) and the Clean Air Council (based in Philadelphia)–filed a notice of intent to sue the Shell Polymers Monaca ethane cracker plant near Pittsburgh. The notice, as well as the coming lawsuit, has all the hallmarks of being planned long ago, perhaps years ago, before the cracker plant even came online. The false claim in the notice and coming lawsuit is that the cracker plant is “repeatedly” violating air pollution limits.
Last week a “suspicious item” was found at a natural gas transmission facility in Fallowfield Township in Washington County, PA. It looked like a bomb, an “improvised homemade” device, and was placed into the door of an industrial pipe at the Eastern Gas Transmission facility. The PA State Police and FBI responded to investigate. They later determined it was not explosive, and they removed it. But it certainly looked like it was explosive (i.e. a bomb), which is why they responded.
Two weeks ago, the Pennsylvania Senate Majority Policy Committee held a public hearing on energy access and affordability. As part of that hearing, Marcellus Shale Coalition president Dave Callahan gave testimony that a problem we’ve highlighted for years is still out of control. The state Dept. of Environmental Protection (DEP) (a) takes WAY too long to issue new permits for shale projects, (b) when it does issue permits, it is inconsistent in the standards used, depending on which area of the state, and (c) the ongoing permit delays and inconsistency are costing the state jobs.
In February 2022, Equitrans Midstream announced it had filed a new pipeline expansion project with the Federal Energy Regulatory Commission (see 
What a difference 20 years can make. In 2001, natural gas was used to produce 2% of the electricity produced in Pennsylvania, and coal produced 57% of the state’s electricity. Then the Marcellus Shale miracle happened–the first Marcellus well was drilled in PA in 2004. By 2021, 52% of PA’s electricity was produced by natural gas, and 12% was produced by coal. A complete reversal. Most of that change came over just eight years–from 2008 to 2016. There are multiple reasons for the change, including regulations (against coal), low cost (for newfound supplies of gas), and emissions (more for coal, less for gas).
A Marcellus gas-fired power plant in Nicetown (a neighborhood in North Philadelphia) received a permit to build in 2017 (see