Pennsylvania

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    Penn State Study: Water Quality IMPROVES in Heavily Drilled Areas

    Good news for the Marcellus industry, which is bad news for Big Green (Sierra Club, Earthworks, Food & Water Watch, NRDC, EDF, THE Delaware Riverkeeper, et al): A new independent study by Penn State University has just been published that shows groundwater is getting cleaner (!) in the most heavily drilled areas of the Marcellus. You read that right. “The most interesting thing we discovered was the groundwater chemistry in one of the areas most heavily developed for shale gas – an area with 1400 new gas wells – does not appear to be getting worse with time, and may even be getting better,” said one of the authors of “Big Groundwater Data Sets Reveal Possible Rare Contamination Amid Otherwise Improved Water Quality for Some Analytes in a Region of Marcellus Shale Development,” published in the peer-reviewed journal Environmental Science & Technology. Talk about nuking the lies of Big Green when it comes to “water contamination”–one of the biggest and most-repeated lies they spin. A team of geoscientists and computer scientists used new data-mining techniques to study a huge dataset of 11,000 groundwater samples located near ~1,400 shale wells taken after drilling in Bradford County, PA. You may recall that the University of Cincinnati recently released a similar study focused on the Ohio Utica (see Univ of Cincinnati Utica Groundwater Study Finally Published!). These are real scientific studies, not the fake stuff put out by Big Green groups. Here’s more on the latest evidence that fracking is good for water, and good for the environment…
    Read More “Penn State Study: Water Quality IMPROVES in Heavily Drilled Areas”

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    Nicetown Claims “Environmental Racism” re Gas-Fired Plant

    Bet you didn’t know that the environment has become racist. That’s the outrageous claim being made about Nicetown, PA (near Philadelphia). Big Green supporters in Nicetown are opposed to SEPTA (Southeastern Pennsylvania Transportation Authority) plans to build a Marcellus gas-powered electric plant that would provide electricity to SEPTA’s northern Regional Rail lines and a bus garage (see Antis Plan to Shut Down Philly Transit Meeting re NatGas Powergen). The stated reason for their opposition is because the plant will burn an evil, nasty, vile “fossil fuel.” Yep, fossil fuel hatred syndrome. When the antis weren’t looking, Philadelphia Air Management Services (AMS) went ahead and issued the permit that allows SEPTA to move forward with the proposed natgas power plant, which will get built in Nicetown (see Antis “Shocked” Philly Approved Marcellus Power Plant for SEPTA). Nice. The AMS vote “came as a surprise” to the antis. It was their “last hope” to stop the plant. But they haven’t given up hope. Not yet. Antis are not only litigating to stop the plant, now they’re making wild accusations of “environmental racism.” Because the majority of residents are black, the accusation is that SEPTA is sticking the plant there, where it doesn’t matter if black people get polluted. Which is all nonsense. The reason SEPTA wants the plant in Nicetown is because that’s where they own a large bus garage/facility–the same facility they want to power with electricity from the plant! But “environmental racism” has such a great ring, and looks so good in a headline, it’s just irresistible for sycophantic media…
    Read More “Nicetown Claims “Environmental Racism” re Gas-Fired Plant”

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    PA Superior Court Rejects Southwestern “Briggs” Trespass Appeal

    An unwelcome and troubling development in the Southwestern Energy “Briggs” court case. MDN brought you important news in April that the Pennsylvania Superior Court had handed down a decision (known as the “Briggs” case) that has the power to greatly restrict, perhaps even stop, Marcellus drilling in PA (see PA Superior Court Overturns “Rule of Capture” for Marcellus Well and PA “Rule of Capture” Case has Power to Limit Marcellus Drilling). The issue, in brief, is that the Superior Court decision disallows using an age-old principle called the “rule of capture” when it comes to shale drilling and fracking. It opens the door to a myriad of frivolous lawsuits claiming that a fracture, a crack created during fracking, is draining gas from a neighbor’s property without justly compensating the neighbor for the gas. Southwestern successfully argued in a lower court that the odd crack here and there that may slip under a neighbor’s property is permissible. The landowner appealed to Superior Court and three judges heard the case. Two of the three overturned the lower court and sided with the landowner. Southwestern, following the decision, petitioned the Superior Court to have all of the sitting justices (called en banc) hear the case (see Southwestern Appeals “Trespass” Case to Entire PA Superior Court). Sadly, on Friday, the Superiors declined to rehear the case. The next step? Southwestern has appealed the case directly to the PA Supreme Court…
    Read More “PA Superior Court Rejects Southwestern “Briggs” Trespass Appeal”

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    ME2 Work in Lebanon, PA Halted for Spilling a Single Cup of Mud

    A single cup of drilling mud, bentonite, is nothing. It is beyond nothing. Bentonite is the clay-based compound used to make toothpaste, lipstick and kitty litter. It is completely non-toxic–it goes on and in the human body! And yet when underground drilling work restarted at Snitz Creek in Lebanon County, PA for the Mariner East 2 pipeline project, a single cup of drilling mud (bentonite) came out where it wasn’t supposed to (in the creek), so once again the whole shebang was shut down. Which we find crazy. What’s next–shutting down drilling when a tablespoon of drilling mud comes out? A teaspoon? Look, we get it. There have been other spills at Snitz Creek (see ME2 Construction in Lebanon County Stopped for 50 Gal Mud Spill). If a cup comes out, maybe it will be followed by a gallon coming out. And if a gallon comes out, maybe 10 gallons or even 50 gallons will follow. Immediately halting all underground horizontal directional drilling used to install the pipeline under Snitz Creek is an “abundance of caution” thing. But come on! So what if 10 or even 50 gallons comes out? It’s bentonite and its non-toxic! Spilling 50 gallons of the stuff in the creek is like spilling 10 bags of kitty litter in the creek. A few fish and salamanders might die. So what? That’s the price of progress. Here’s the crazy news that a single cup of drilling mud has once again stopped ME2 work in Lebanon County at Snitz Creek…
    Read More “ME2 Work in Lebanon, PA Halted for Spilling a Single Cup of Mud”

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    Construction Begins for 14-Mile Pipe to Feed Berks Gas-Fired Plant

    Birdsboro pipeline route – click for larger version

    Ladies and gentlemen–start your bulldozers! It’s time to begin building a 14-mile natural gas pipeline from the Texas Eastern Transmission (Tetco) mainline in Rockland Township, to a natural gas-fired power plant under construction in Birdsboro (Berks County, near Philadelphia). EmberClear Corp. is a Canadian-based company that builds and operates natural gas-fired electric generation plants in North America. In 2015, EmberClear filed an application to build a new 488-megawatt natural gas-fired electric plant in Birdsboro, in Berks County, near Philadelphia (see New NatGas-Fired Electric Plant Coming Near Philadelphia). In April 2017, two different Japanese companies, Sojitz Corporation and Tokyo Gas, each purchased a one-third share ownership of the Birdsboro Power project (see Japanese Now Own 2/3 of Marcellus-Powered Electric Plant in SEPA). We call the Birdsboro Power a “Japanese-owned” project, which it is, but in reality EmberClear is still the company building and operating it. The PA Dept. of Environmental Protection (DEP) issued permits for the Birdsboro project in March of this year, and the project is now under construction (see PA DEP Issues Permits for Japanese Gas-Fired Elec Plant in SEPA). In order to operate, the plant will need gas. It will get its gas from the Tetco pipeline 14 miles away, via a dedicated pipeline. Construction has begun on the pipeline. Or rather, preliminary construction–clearing trees, etc. It will only take a few months to complete the pipeline project…
    Read More “Construction Begins for 14-Mile Pipe to Feed Berks Gas-Fired Plant”

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    Antis Rally Near Philly to Permanently Shut Down ME1/ME2 Pipes

    PA State Sen. Andy Dinniman

    In May, anti-fossil fuel pipeline opponents finally found a single, liberal administrative judge to shut down the Mariner East 1 (ME1) NGL pipeline–a pipeline that’s been operating without any problems for more than a year (see Antis Get Lib Judge to Shut Down All Mariner East Pipes, Dems Rejoice). Sunoco Logistics Partners, the owner of ME1, and the builder of the Mariner East 2 (ME2) Pipeline project, appealed the judge’s decision to the full Public Utility Commission (PUC). A decision about the shutdown (whether to lift is) is due any time. In an attempt to pressure the PUC and Gov. Tom Wolf to *permanently* shut down ME1 and ME2, a group of 150 or so rallied near Philadelphia on Saturday. Something you should know: A total shutdown of ME1 and ME2 is not going to happen. But that doesn’t stop self-deluding nutters from trying. Inevitably the protesters are disappointed. They talk themselves into the fictional fantasy that a pipeline that has been fully permissioned and 98% done (ME2) will simply stop and not be allowed to finish construction and begin operations. They tell themselves they can get a pipeline with a perfect safety record (running for more than a year) permanently shut down. Ain’t gonna happen. But they tell themselves these things, over and over, convincing themselves. People like PA State Sen. Andy “Tony Soprano” Dinniman, recklessly feeds his kook nutbase these fantasies. Totally irresponsible. So they gather, as they did this past weekend, to protest and “demand” that the PUC shut down these projects. What will happen when the full PUC overturns the liberal judge’s biased decision? How will the protesters handle the defeat?…
    Read More “Antis Rally Near Philly to Permanently Shut Down ME1/ME2 Pipes”

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    Lebanon County Judge Rules ME1 is Public Utility, Pump Stn OK

    This story stretches back four years. In November 2014, MDN told you about anti-drillers in Lebanon County, PA who had succumbed to shiny object syndrome and transferred their irrational hatred of fossil fuels from the Williams Atlantic Sunrise pipeline project to the already-in-the-ground but getting repurposed Sunoco Logistics Mariner East 1 pipeline (see New Target for Lebanon, PA Antis: Mariner East Pipeline). As part of converting ME1 from an oil pipeline to flow natural gas liquids, including propane and ethane, from western PA to the Philadelphia area, some 31 pump and valve stations needed to be built–one of them in West Cornwall in Lebanon County. Three local residents and an anti-drilling group called Concerned Citizens of Lebanon County filed an appeal with the zoning board to force the town to rescind permits they granted to allow the pump station. In May 2015, the West Cornwall Township Zoning Hearing Board declared the appeal “moot”–meaning denied (see Antis’ Zoning Appeal re Mariner East Pump Stn in Lebanon “Moot”). The antis decided to throw good money after bad and appealed the matter to Lebanon County Court of Common Pleas (i.e. county court). Finally, after years, the judge in the case backed ME1 over the antis, delivering his decision earlier this week. The judge ruled that ME1 is exempt from certain local zoning restrictions because it is (yes), a “public utility.” Which should not surprise anyone. Just last week the U.S. Supreme Court said the same thing when it refused to hear an eminent domain case for ME2, a different but closely related pipeline (see U.S. Supreme Court Lets Stand Eminent Domain for ME2 Pipeline). Like ME2, ME1 is a public utility. So say all the courts…
    Read More “Lebanon County Judge Rules ME1 is Public Utility, Pump Stn OK”

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    PA Democrats Float Free College – Paid for by Marcellus Tax

    PA State Sen. Vincent Hughes

    Another mind-blowingly dumb Socialist/Communist plan is being floated by Democrats in PA (what’s new?). PA Dem state legislators yesterday announced new bills that would give families living in PA the right to send their kids to one of PA’s 14 state-run colleges for free–lock, stock and barrel. Free tuition. Free room and board. Free condoms. Free everything. IF the family makes less than $48,000 per year. Families making between $48,000-$110,000 per year get free tuition and fees only (they have to pay for Junior and Missy’s room and board). The “free” plan, according to Philadelphia area State Sen. Vincent Hughes, would cost around $800 million–and he thinks the Marcellus Shale industry should pay for it. That’s Hughes’ answer for everything–just tax the Marcellus industry. But Hughes has a little problem–he’s already promised Marcellus severance tax revenue to Philadelphia teachers’ unions–unions from which he has received $635,000 in campaign contributions (see PA Dem Senator from Philly Intros Bill to Steal Marcellus Money). In the unlikely event a severance tax is enacted in PA, it certainly won’t be enough to fund both K-12 education and pay for “free” college. How about this Sen. Hughes: We think the money for free college should come from taxes on government-paid workers instead. People like YOU. Why don’t we use YOUR money to pay for this “wonderful” plan?…
    Read More “PA Democrats Float Free College – Paid for by Marcellus Tax”

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    PA DEP Releasing Onerous New GP-5 & 5A Methane Regs June 8

    Last December the Pennsylvania Dept. of Environmental Protection (DEP) issued “draft final language” for the proposed General Permit 5A (GP-5A) and the revised General Permit 5 (GP-5)–regulations that supposedly will cut down on fugitive methane from escaping from drill pads and pipelines (see PA DEP Signals Onerous New GP-5 & 5A Methane Regs Coming 1Q18). The onerous regulations, which for now only apply to *new* sources (not existing) were originally prompted by bullying from the Obama Environmental Protection Agency. Even though EPA pressure disappeared under President Trump, PA Gov. Wolf is still pushing these onerous new regs. GP-5 applies to pipelines and compressor stations, while GP-5A applies to well pads and drilling. Following a flood of comments, the DEP tweaked the onerous regs yet again (for the third or fourth time), and in late March published yet another revised final final final final final version of the regs (see PA DEP Releases Draft Final GP-5 & 5A Methane Regulations). The DEP just announced they will issue the final final final final version of the revised regs on June 8, and two months later, on August 8, the new rules will officially go into effect–unless they delay it again…
    Read More “PA DEP Releasing Onerous New GP-5 & 5A Methane Regs June 8”

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    PIOGA Consultant Remarks (Mis)Used to Promote 250% Shale Fee Hike

    We spotted a rather strange story (for us) on a major energy news service (Platts) that says, in so many words, that “the industry” says hiking the permit fee to drill a new Marcellus well in Pennsylvania by 250%–to $12,500–is no big deal. Which made our eyebrows go up. According to a long-time regulatory consultant for the Pennsylvania Independent Oil & Gas Association (PIOGA) quoted by Platts, “I don’t think it’s [the 250% fee hike] going to make or break people’s decisions” as to whether or not to drill. Hmmm. That’s not the feedback we’ve heard others, like the Marcellus Shale Coalition, say on the record. The same article quotes PIOGA President Dan Weaver saying, “We haven’t developed an official statement, but we definitely don’t agree with it [the fee hike]. We feel that we pay enough fees as it is.” So what’s going on here? Does the industry, as represented by PIOGA, think this fee hike is nuts (as we do)? Or does PIOGA think the fee hike is okey dokey? We contacted Dan to ask about the consultant’s comments and got an interesting response…
    Read More “PIOGA Consultant Remarks (Mis)Used to Promote 250% Shale Fee Hike”

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    Penn Twp Frack Ban Decision Now in Hands of Local Judge

    Last November we updated you on a lawsuit filed by a group of anti-fossil fuelers in Penn Township (Westmoreland County), PA (see Penn Twp Ninny Nannies File Lawsuit to Block Apex, H&H Wells). A group calling themselves Protect PT, backed with money and legal help from Big Green group PennFuture, filed a lawsuit to try and stop Apex Energy and Huntley & Huntley (H&H) from drilling wells in the township. A Westmoreland County judge heard some testimony in the case in April (see Penn Twp Antis Try to Use PA ERA to Block Shale Drilling). The peril with Protect PT’s lawsuit is that it uses Pennsylvania’s so-called Environmental Rights Amendment (ERA), which liberal PA judges have, in recent years, breathed new life into. The argument is that fracking denies those who live near this temporary activity their “right” to enjoy Mom Nature, therefore it should be banished forever. Protect PT is attempting to pull off a total frack ban in the Penn Township. Although the judge heard testimony in April, more was given this week. All testimony is now done and the case rests with the judge. We expect whoever loses will appeal. Below is a recap of the case and the testimony given this week…
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    PA House Passes Bill Exempting Conventional Drillers from Shale Regs

    In March, two identical bills were introduced, one in the PA Senate, the other in the PA House, that would “roll back” (more like “lock in”) regulations that govern conventional PA drilling to the Oil and Gas Act of 1984 (see 2 PA Bills Would Roll Back Conventional Drilling Regs to 1984). The bills are in response to coming changes proposed by leftist Gov. Tom Wolf to over-regulate conventional drillers. Big Green didn’t waste any time opposing the bills, spinning them as a lessening of environmental protections in a letter to legislators (see Big Green Opposes Bill to Relax Regs for PA Conventional Drillers). The big news is that the House’s version of the bill, HB 2154, passed yesterday by a vote of 111-84. The issue now swings to the Senate (SB 1088), where its future is more uncertain. Let’s assume the Senate passes SB 1088 (a really big assumption). Lefty Gov. Tom Wolf is vehemently against it and will veto the bill when it hits his desk–so says one of his top lieutenants. It’s not clear if there would be enough votes in the Senate (or House) to override a Wolf veto. Hey, we’re still hopeful, but in all honesty, this legislation faces an uphill battle…
    Read More “PA House Passes Bill Exempting Conventional Drillers from Shale Regs”

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    PA House Speaker Turzai Nukes Wolf’s Severance Tax Proposal

    Speaker of the PA House, Mike Turzai – credit: Wikipedia

    A few weeks ago Secretary of the Pennsylvania Dept. of Community and Economic Development (DCED), Dennis Davin, wrote an embarrassing editorial published in the Pittsburgh Post-Gazette (see Once Again Wolf Pushes DCED Sec. to Support Severance Tax). Davin knows that a high severance tax will drive Marcellus drillers out of the state–but (we conclude) he wants to keep his job for another four years, so he goes out as the spear-catcher for his boss, lefty Gov. Tom Wolf. PA House Speaker Mike Turzai is an impressive guy. He’s always stood, steadfast, with the Marcellus industry, against Wolf’s insane plan to tax the industry out of existence. Turzai sent the Post-Gazette a column of his own, to counter the inanities of Davin’s column–and wonder of wonders, they published it! Turzai does a masterful job with his response to Davin. Our favorite part is where Turzai obliterate’s Davin’s claims about the “minimal” revenue raised by PA’s impact fee. In PA, instead of a severance tax, the legislature passed an impact fee (i.e., tax) in 2012, which has raised far more than the severance tax in neighboring states. For example, in 2017, Ohio raised $36.7 million via its severance tax. In 2017, West Virginia raised $69 million from its severance tax. In 2017, PA raised a whopping $173.3 million from its impact fee. Tell us again, Mr. Davin, about the “superiority” of a severance tax!…
    Read More “PA House Speaker Turzai Nukes Wolf’s Severance Tax Proposal”

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    U.S. Supreme Court Lets Stand Eminent Domain for ME2 Pipeline

    It’s been a long, tough fight to get the Mariner East 2 Pipeline (ME2) project built. In fact, it’s still not 100% built (it is about 98% done). Construction on a tiny section near Philadelphia is currently being stopped by a liberal judge (see Antis Get Lib Judge to Shut Down All Mariner East Pipes, Dems Rejoice). We expect that to be resolved soon. However, the project has been sued multiple times in different courts. One of the favored legal arguments was/is to say the project does not have the right to use the power of eminent domain to force recalcitrant landowners from accepting it. One such case, brought by a Lebanon County, PA landowner, was appealed all the way to the U.S. Supreme Court. On Monday the Supremes declined to review the case, a challenge to ME2’s ability to use eminent domain, thereby cementing a ruling by the PA Commonwealth Court that ME2 can indeed use eminent domain. Period. End of sentence. The Supreme Court ruling is just the latest in a string of rulings favoring the ME2 project. Last summer, a three-judge Commonwealth Court panel ruled in favor of ME2, upholding its status as a public utility because it will provide increased public access to energy resources like propane. Huntingdon County Common Pleas Court Judge George Zanic ruled against efforts to delay construction of ME2 after Commonwealth Court validated the utility status by dismissing an appeal. None of this is new. The court have repeatedly ruled against challenges to the state Public Utility Commission’s designation of ME2 as a public utility with  public benefits. And now, the Supremes have rendered the final word: ME2 is a public utility…
    Read More “U.S. Supreme Court Lets Stand Eminent Domain for ME2 Pipeline”

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    Westmoreland Town Votes to Overturn Restrictive Shale Ordinance

    Elections have consequences, including local elections. Here’s a story that caught our eye because it’s so unusual (“man bites dog” type of story). Donegal Township in Westmoreland County (southwestern PA) is a rural township: population 2,465 people living in 42 square miles. There was some Marcellus well drilling in the town several years ago, but after WPX plugged wells in the town (see WPX Plugging 9 Wells in Westmoreland County, PA), we find no actively producing wells nor any permits to drill new wells, according to the forthcoming Marcellus & Utica Shale Upstream Almanac 2018 (due out later this week!). Even so, most residents support more Marcellus development. We base that on this observation: A previous town board passed a restrictive zoning ordinance, aimed at blocking shale drilling. Donegal had no zoning ordinance of any kind before the board passed one (last year? year before?). Opponents to the ordinance got themselves elected to the board last November and last Tuesday night voted 4-1 to repeal the zoning ordinance put there by the previous board. According to one of the new board members, tossing out the zoning ordinance “will be helpful to the residents because they’ll have more freedom.” What a breath of fresh air!…
    Read More “Westmoreland Town Votes to Overturn Restrictive Shale Ordinance”

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    PA Supreme Court Rules on Gorsline Zoning Case – Mixed Decision

    Not long after the Pennsylvania legislature passed the Act 13 Marcellus Shale drilling law in 2012, signed into law by then-Gov. Tom Corbett, seven selfish towns sued, claiming they should have the right (via zoning laws) to determine just where an oil and gas well can be located within their borders. The challenge was brought by rabid anti-drillers and appealed all the way to the PA Supreme Court, where unfortunately the antis won (see PA Supreme Court Rules Against State/Drillers in Act 13 Case). What the antis didn’t think about was the fact some towns may decide to exercise their newly-won rights to allow wells, instead of prohibit them. Whoops. Guess they didn’t see that one coming. A town in Lycoming County decided to allow a shale well on property zoned residential/agricultural (i.e. farming country) by using a “conditional use” permit. Anti-drilling Big Green groups, including PennFuture, THE (arrogant) Delaware Riverkeeper, and the Peters Township gang (none of which are from mid-PA where the town is located) sued to deny the town the right to exercise its Act 13 authority to allow a shale well. The case, Brian Gorsline v. Board of Supervisors of Fairfield Township (Gorsline is an avowed anti-driller), was appealed to the PA Supreme Court and in March 2017 (over a year ago!) the Supremes heard oral arguments (see Gorsline Zoning Case Argued Before PA Supreme Court Justices). Last Friday the Supremes came down from Mt. Olympus to issue their ruling–and they ruled (4-3) against the town and for the antis. However, before you jump to any conclusions and before you believe headlines from Big Green supporters trumpeting their “victory,” you need to know this: the decision potentially makes it harder (not easier) for antis to stop drilling in the future. We’ll explain…
    Read More “PA Supreme Court Rules on Gorsline Zoning Case – Mixed Decision”