Pennsylvania

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    Penn Twp About to Adopt Meaningless (?) Injection Well Ban

    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. The lawsuit finally made it to a county judge who heard testimony 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. Meanwhile, Protect PT is working on a parallel effort. They’ve convinced (pressured, bullied) the town board to adopt an injection well ordinance that essentially bans injection wells in the town. Here’s the thing: Nobody has even whispered the hint of wanting to locate a wastewater injection well in Penn Township–ever. It is a meaningless gesture–unless you consider that Protect PT calls the injection well ordinance a “victory” and (our inference) if they can get this injection well ordinance passed, then maybe they can get a more restrictive drilling ordinance passed too. That is, the injection well ordinance is the back door to getting a wider frack ban enacted by a now-susceptible and weakened town board…
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    Short Pipeline from NW Pa. to NE Ohio May Not Get Done This Year

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    Last October MDN brought you details about the proposed $86 million Risberg Line pipeline project (see New 60-Mile Pipeline Proposed from NW Pa. to NE Ohio). The project will use approximately 32 miles of existing pipeline in an established Right of Way originating in the Meadville, PA area. Approximately 16 miles of new pipeline will be installed in Pennsylvania and approximately 12 miles of new pipeline will be installed in Ohio–meaning 28 miles of brand new “greenfield” pipeline needs to get built. In early May, the Federal Energy Regulatory Commission (FERC) said it will issue an environmental assessment (EA) for the project on or by June 29th (see FERC Review of Risberg Pipeline in NE OH/NW PA Coming June 29). Both the U.S. Army Corps of Engineers and the PA Fish and Boat Commission are “cooperating agencies” and part of the EA review process. Following the EA, the clock will begin ticking and FERC will have until Sept. 27th to make a final decision about the project. The original timeline for the project, from the beginning, has been to have it all built and operating by the end of this year. The builder, RH energytrans, is now cautioning that may not happen. Why? Because one never knows with regulatory agencies like FERC and the Army Corps and the Boat Commission. Deadlines come and go and get extended. FERC says the dates they given are targets and not carved in stone. If everything happened as FERC laid out, RH says it would be a challenge, but they can probably get the job done this year. But if the deadline slips, all bets are off…
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    Study Confirms PA Enviro Laws ARE More Strict Than Federal Laws

    In April, the Pennsylvania Joint State Government Commission released a report (full copy below) tackling the question of whether or not PA’s environmental laws and regulations are more stringent than federal requirements. The report compared the main state and federal laws in place covering clean air, clean water, natural resources, waste management and more. The report says PA’s laws, “are generally no more stringent than their federal counterparts.” But in the same paragraph, the report says, “Where additional regulations have been made, it is generally justified as a compelling and articulable Pennsylvania interest and addresses definable public health, safety or environmental risks. The area of greatest deviation involves differences between the federal Clean Water Act and the Clean Streams Law. Other more stringent regulations are found in the areas of safe drinking water, the handling of hazardous materials, and mineral extraction. In some instances, Pennsylvania regulations build upon and supplement federal law; in others, Pennsylvania has acted in areas not regulated by the federal government” (pg 6). What does that say to you? It says to us: “Heck yeah, the enviro laws in PA are a lot more strict than federal laws, but there’s good reasons (according to the authors of the report) for it.” Are there good reasons for PA raising the bar higher than the federal government requires?…
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    EQT Continues to Fight PA DEP Fine re Wastewater Impoundment

    On Wednesday, Pennsylvania Commonwealth Court (an appeals court) heard oral arguments over how to prove whether contaminants in the soil have moved into groundwater. The case dates back to 2014 when the PA Dept. of Environmental Protection (DEP) slapped EQT with a $4.53 million fine for a leaky wastewater impoundment in Tioga County (see PA DEP Levies Biggest Fine Ever, $4.5M Against EQT). EQT did not say there wasn’t a problem with leaks at the site, but they did say the way the DEP calculated the fine was unreasonable and arbitrary. EQT appealed the fine and the case all the way to the PA Supreme Court, and in early April the Supremes ruled in favor of EQT, saying that the DEP’s levied fine was excessive and that the DEP misinterpreted language in the 1937 Clean Streams Law (see PA Supreme Court Axes DEP $4.5M Fine in EQT Tioga Wastewater Leak). We thought (mistakenly) that was the end of the case. But it’s not. The Supremes ruled on “water to water” contamination in the case, but not on ground to water contamination. PA law allows for companies to be on the hook for each day a contaminant enters the water table. What lawyers argued this week was whether or not, and how, the DEP can prove contaminants in the ground, there because of EQT’s leak, can be proven to have leached into the water on any given day. DEP is calculating a revised $1.1 million fine based on assumptions about how many days the contaminants leaked out of the ground. EQT is forcing DEP to use more than just spitball estimates in calculating the fine…
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    PA Dem Senator from Philly Intros Bill to Steal Marcellus Money

    PA State Sen. Vincent Hughes

    Pennsylvania State Sen. Vincent Hughes from Philadelphia is in the back pocket of Big Education. And why not? Hughes has received $635,000+ from Big Education unions over the years. Therefore, Hughes does their bidding, since they pay him to. We previously told you about Hughes attacking the Marcellus industry with slanders, slurs and outright lies in an attempt to paint the industry as greedy because they have resisted a severance tax on top of an existing impact tax (see PA Senator from Philly Slanders Marcellus, Accepts $635K in Union $). Hughes is at it again. He’s just introduced a bill, Senate Bill (SB) 777, that allows the close-to-bankrupt Philadelphia school system to borrow a MASSIVE $5 billion, with a promise to raid Marcellus drillers via an obscene severance tax (on top of the existing impact tax) to pay back the $5 billion. This is what passes for smart around Philly. We suspect Hughes himself is a product of Philly’s failed education system…
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    PA Agency Seeks to Force Drillers to Hire from State-Approved List

    How do you prove you aren’t biased, racist, chauvinist, etc.? That is, how can you prove a negative? You can’t. But that doesn’t stop the radical left from trying to make you do it. Here’s another question: Where do you think The Almighty State forces companies to hire people from a state-approved list? In Russia? China? Perhaps Cuba? Nope. How about Pennsylvania. The Pennsylvania Department of General Services (DGS) wants to force down the throats of shale companies working in the state a requirement that they hire people who DGS, a dunderheaded government agency, says they should hire–or else. Or else what? Or else those companies get “audited” and found in violation and fined out the wazoo. DGS continues to beg state lawmakers to allow it to audit natural gas companies’ efforts to hire businesses owned by women, minorities and veterans. This is nothing new. DGS, and the antis who are stoking this effort, have been agitating for a Communist crackdown on shale hiring since 2012…
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    Shale Support Exclusive Frac Sand Supplier for NEPA Facility

    Last September MDN told you that Shale Support Holdings, “a leading provider of frac sand and logistical solutions to the oil and gas proppant market” (headquartered in Texas, with an operations center in Mississippi), was stepping up its presence in the Marcellus/Utica region with a partnership with Tidewater Logistics (see Shale Support Holdings Expands M-U Frac Sand Business via Partnership). The partnership increases Shale Support’s operations in Ohio, Pennsylvania and West Virginia. Because Shale Support can ship sand direct from Mississippi, which is much closer than most other alternatives, the price for frac sand is cheaper for customers. Shale Support has just announced another important deal, to become the exclusive supplier for a major regional frac sand facility in Wysox (Bradford County), PA…
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    Desperate Riverkeeper Files Multiple Lawsuits re PennEast Pipe

    Knowing that the PennEast Pipeline project is about to become reality, a very desperate THE Delaware Riverkeeper (aka Maya van Rossum) has launched a major legal attack against the project–using Big Green money. These are not the first legal filings by Riverkeeper against PennEast. The current strategy appears to be “bury them in legal horse manure.” PennEast Pipeline is a 120-mile pipeline from near Wilkes-Barre, PA to near Trenton, NJ. The planned route passes through Luzerne, Carbon, Northampton, and Bucks counties in PA, and through Mercer and Hunterdon counties in NJ. The pipeline is needed to move PA’s abundant Marcellus gas to markets in NJ. The first “legal maneuver” by Riverkeeper this week was to file a petition for a “Writ of Mandamus” in the D.C. Circuit Court of Appeals, asking the court to force the Federal Energy Regulatory Commission (FERC) to respond to Riverkeeper’s rehearing request on the PennEast project. At the same time, Riverkeeper filed a “Petition for Review” with the D.C. Circuit Court of appeals challenging all of FERC’s orders related to PennEast. It is a full, frontal legal attack by a small organization fronting for other groups like the William Penn Foundation. The question is, will Riverkeeper’s latest attack work?…
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    Anti Group Stirs Up Pittsburghers Against Fracking, (Ab)Uses Kids

    We always find it deeply disturbing when a group of anti-fossil fueulers, like the innocent-sounding (but very radical) Moms Clean Air Force, pushes little kids in front of the cameras, getting them to hold protest signs in a sleazy attempt to play on people’s sympathy. That’s what happened yesterday in the Pittsburgh suburb of Indiana Township (Allegheny County). Hey, knock yourself out if you want to show up and protest and make some noise. But don’t bring the kids along. Don’t put your guilt trip on the kids, making them protest something they frankly don’t even understand. Don’t implant them with your irrational fears. We find it disgusting…
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    Unease Over PA Rule of Capture Case Spreads Nationwide

    This much is clear: The “Briggs” court decision in Pennsylvania cannot stand as it is without threatening to end the shale miracle, certainly in Pennsylvania, and perhaps across the country. Some believe we’re making too much of the Briggs decision recently handed down by two judges sitting on PA’s Superior Court (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 them voted to overturn the lower court decision in favor of Southwestern and sent the case back to a lower court where the landowners (the Briggs) now have to prove Southwestern trespassed and work out how much gas they believe was “taken.” Southwestern has asked the full Superior Court–all 20 judges–to hear the case again. No word yet on whether that will happen. We have, from the beginning, considered the Briggs decision to be an existential threat to the Marcellus industry in PA. In a recent Bloomberg article, some experts believe the threat has the potential to spread beyond PA. Below we explain how might happen, and provide some historical perspective on the rule of capture…
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    PA Ethics Commission Persecutes Wolf Aide Favorable to NatGas

    Yesenia Bane

    You know we’re not fans of PA Gov. Wolf and his administration. We think he’s been a disaster for the state, in many ways. However, a member of his administration, Yesenia Bane (deputy chief of staff), has been unfairly targeted simply because her husband worked for a firm that did business with the Marcellus industry, and because she herself (with abundant knowledge of the industry) assisted Wolf by attending industry-sponsored events. Bane had the nerve to represent Wolf to the industry, attending events to act as liaison, learning about industry concerns, and conveying Wolf’s thoughts to the industry. And for that she’s accused of crossing an ethical line–accused by a radical Big Green supporter from the Philly area by the name of Caroline Hughes–a woman whose connections to Big Green should be investigated. Hughes filed a complaint with the Pennsylvania State Ethics Commission against Bane late last year (see Antis Target PA Gov Wolf Aide as Payback, Husband Works for EQT). The complaint is a ginned up allegation that Bane “was regularly involved in meetings and travel related to her husband’s natural gas industry clients.” The so-called evidence comes from a copy of Bane’s travel schedule in 2016, obtained by Big Green mouthpiece StateImpact Pennsylvania. The new news is that the Ethics Commission has launched a full-blown investigation–we call it a persecution–of Bane, for simply doing her job…
    Read More “PA Ethics Commission Persecutes Wolf Aide Favorable to NatGas”

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    M-U Region Adding 43% of All New Gas-Fired Electric in 2018

    Yesterday the U.S. Energy Information Administration (EIA) issued a report saying it predicts 32 gigawatts (GW) of new electric generating capacity to come online this year, in 2018. Of that 32 GW, 21 GW (or 66%) will come from new natural gas-fired plants. And of that 21 GW of new gas-fired generation, Pennsylvania alone will generate 5.2 GW, and Maryland and Virginia will each generate 1.9 GW. Put another way, 9 GW out of 21 GW (or 43%) of all new demand for natural gas for power plants is happening right here in the Marcellus/Utica region. As we have observed on many occasions, power generation is a very important source of new demand for abundant and cheap Marcellus/Utica gas…
    Read More “M-U Region Adding 43% of All New Gas-Fired Electric in 2018”

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    PennEnvironment Wants Fossil Fuel-Powered (i.e. Electric) Buses

    Last Thursday the radical Big Green group PennEnvironment released a “study” that claims PA should move to adopt electric buses, instead of all other alternatives (like compressed natural gas) because electric buses are (supposedly) more environmentally friendly. We understand the argument about replacing diesel-powered engines to lower the amount of nasty stuff that enters the air. But PennEnvironment’s argument to use electric buses is as much about reducing mythical global warming as it is reducing diesel emissions. And here’s the thing PennEnvironment doesn’t tell you (and what their Big Green supporters are too dull to figure out themselves): electricity comes from somewhere. It’s not magic. It’s produced. In PA, as of January 2018, 54% of all electricity is produced either by coal or natural gas-fired plants. Another 40% is produced by nuclear plants. How much electricity is produced in PA by all those gigantic windmills you see when sailing down the Pennsylvania Turnpike, along with solar? A measly 2.9%. So how “clean” are electric buses, really? Put another way, the majority of what powers electric buses is good old fossil fuels. Does PennEnvironment know they’re advocating for more fossil fuel use? Meanwhile, the Wolf administration (surprisingly) continues to invest in CNG buses, which is the smart thing to do…
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    Sunoco’s ME1 Pipe Restarts, ME2 Pipe Pays Another $355K in Fines

    On March 3, the Mariner East 1 (ME1) natural gas liquids (NGL) pipeline was suddenly switched off by order of the Pennsylvania Public Utility Commission (PUC) after a sinkhole opened up under the pipeline in Chester County, exposing some of the bare steel to the open air (see PA PUC Shuts Down Mariner 1 Pipeline Due to Mariner 2 Sinkhole). Sunoco Logistics Partners, the owner of ME1, is building a new set of pipelines called Mariner East 2 (ME2) close to the existing ME1 pipeline. Construction work in the area on ME2 led to the sinkhole that exposed ME1. The PUC asked Sunoco to drill holes and pour concrete in them to firm up ME1, which Sunoco did (see PA PUC Asks Sunoco to Drill Holes, Pour Concrete to Firm Up ME1). A full two months after ordering ME1 turned off, costing Sunoco (and Range Resources) millions of dollars in lost revenue, the PUC told Sunoco they could restart ME1. As of today, propane and ethane have resumed flowing through ME1. But what The Almighty State grants with one hand, it takes away with the other. Although Sunoco paid a massive $12.6 million fine in February to the Dept. of Environmental Protection related to ME2 construction misadventures (see Sunoco LP Pays PA DEP $12.6M to Resume ME2 Pipeline Construction), yesterday the DEP assessed Sunoco *another* $355,622 penalty for more ME2 misadventures–what DEP calls “violations of the Clean Streams Law”…
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    Shale Industry Outlines Case Against Latest PA Severance Tax Plan

    As we reported earlier this week, Pennsylvania Gov. Tom Wolf, who has been lauded as the most liberal governor in America, once again pushed for a Marcellus-killing severance tax (see Broken Record: Wolf, Dems & RINOs Float 4% Severance Tax). Since Wolf stood flanked by two Republican and two Democrat lawmakers earlier this week in announcing a pair of new severance tax bills, mainstream media has continuously run the headline of a “bipartisan” effort. What they don’t tell you is that the two RINOs who stood with Wolf are just about the only ones who support this lunacy. As must happen with each renewed effort by Wolf to steal money from the industry to hand it over to teacher unions in Philadelphia (which IS the purpose of the severance tax, we are not engaging in hyperbole), the industry must launch a counter-offensive. The shale industry, in remaining vigilant, has published a number of comments and columns to set the record straight. We must tell the truth about Wolf’s proposed severance tax. Stepping up the plate to do so is the Marcellus Shale Coalition (MSC), the Pennsylvania Independent Oil & Gas Association (PIOGA), and the American Petroleum Institute of PA (API-PA). Here, in their own words, is the response to Wolf’s “four year bad idea”…
    Read More “Shale Industry Outlines Case Against Latest PA Severance Tax Plan”

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    Another Look at “Rule of Capture” Case that Threatens PA Marcellus

    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. 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). No word yet on whether the Superiors will do it. In the meantime, we spotted an article by the ace lawyers at the Blank Rome law firm discussing the case and its implications. We can’t stress enough just how critical this case is to the future of drilling in Pennsylvania, which is why we bring you the following…
    Read More “Another Look at “Rule of Capture” Case that Threatens PA Marcellus”