Pennsylvania

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    PennEast Pipeline Cuts $1.7M Deal with Bethlehem Water Authority

    In a sure sign that the $1.1 billion, 120-mile PennEast Pipeline will get built, the Bethlehem Authority, which manages watershed land in the Pocono Mountains that supplies drinking water for the City of Bethlehem, has signed a $1.7 million deal to allow PennEast to traverse four miles of Authority land. Rather than challenge PennEast and potentially lose an eminent domain case, Bethlehem Authority officials said they brokered the deal–not only for the money it will bring in, but also to ensure there are certain protections in place during construction. The State of New Jersey is trying its best to stop the PennEast project (see NJ Continues to Hassle PennEast Pipe with Refusals & Rejections). However, this deal with Bethlehem Authority is yet another sign of the inevitability of the project. NJ is fighting an uphill battle they will lose. Wiser heads in Bethlehem realize that fact and took the right action to get the best deal possible…
    Read More “PennEast Pipeline Cuts $1.7M Deal with Bethlehem Water Authority”

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    Severance Tax Battle in PA Heats Up One More (Last?) Time

    As MDN reported last week, Pennsylvania Gov. Tom Wolf, an extremely partisan Democrat, is once again beating the drum for a Marcellus Shale-killing severance tax in the last of his annual budgets (see PA Gov. Wolf Broken Record: Proposes Budget with Severance Tax). At least, we hope it’s Wolf’s last budget and that Pennsylvanians won’t be foolish enough to re-elect him for another four years (fool me once…). Wolf’s plan, in a nutshell, is to tax drillers (and by extension, landowners) to the tune of $250 million a year, and give that money away to teachers and their unions in the Philadelphia region–the people who elected him to office. We spotted dueling newspaper editorials from last week–one from the (sometimes) conservative Pittsburgh Tribune-Review, the other from the (always) liberal Democrat-owned Scranton Times-Tribune. Below are those editorials illustrating clear-headed thinking, and muddled thinking (respectively), along with a January column co-written by the Marcellus Shale Coalition and the Pennsylvania Chamber of Business & Industry laying out the case against a severance tax in the Keystone State. Unfortunately this is an ongoing battle we must fight every single year. But fight it we must…
    Read More “Severance Tax Battle in PA Heats Up One More (Last?) Time”

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    Compromise Allows Drilling to Begin in Pittsburgh Suburb of Plum

    In October 2017, local officials in Plum, PA (Allegheny County) approved a plan by Huntley & Huntley (H&H) to drill a series of Marcellus wells on a single well pad in their municipality (see Plum, PA Gives Huntley & Huntley Green Light for Shale Drilling). Plum’s leaders got blowback from some residents (antis) over the decision to conditionally approve H&H’s request. In Plum, fracking is (or rather was) allowed in any zone if a conditional use is granted. That’s what happened in October–the Plum Council issued a conditional use exception for H&H to drill on 92 acres near Coxcomb Hill Road in Plum. To avoid dealing with more such conditional cases, Plum Council drafted proposed changes to their zoning ordinances (ordinances which haven’t been updated since 1993) that will only allow fracking in rural residential and industrial zones (see Plum, PA Officials Hold Hearing on New Restrictions for Fracking). H&H originally said the changes would be too restrictive. However, they later adopted a “half a loaf is better than no loaf” philosophy, opting to support the new rules. A compromise. In December, Plum Council moved ahead and adopted the new rules, and antis predictably blew a gasket (see Plum, PA Passes Ordinance to Allow Fracking – Antis Livid). How and why did Plum adopt such an ordinance? Especially given so many surrounding towns in Allegheny Township are outright hostile to drilling? Let’s pull the curtain back and probe the thought process Plum used to arrive at a compromise that appears to work for both sides…
    Read More “Compromise Allows Drilling to Begin in Pittsburgh Suburb of Plum”

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    Marcellus-Fired Electric Plant in Clinton County, PA Gets DEP Approval

    Click for larger version

    Last July MDN brought you news about a new Marcellus-fired electric plant planned for Clinton County, PA (see New Marcellus-Fired Electric Plant Coming in Clinton County, PA). The $800 million Renovo Energy project (in Renovo, PA) will be a 950-megawatt dual fuel (natural gas and ultra-low sulfur diesel) combined cycle electric generating plant located in the Renovo Industrial Park. The official application for the project was filed with the PA Dept. of Environmental Protection (along with an application fee of $29,700) in August 2015. Yeah, it takes a looooong time to get these things approved. However, a key (perhaps THE key) permit needed by the PA DEP was issued over the weekend. The DEP approved Renovo’s application for an air quality permit for the project. An official working with Renovo says recent rumors that plans to build the plant are dead is false. He said construction may start by the end of this year, after a few more kinks are worked out…
    Read More “Marcellus-Fired Electric Plant in Clinton County, PA Gets DEP Approval”

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    Fractivists Gear Up to Fight Conversion of Philly Pipe for NatGas

    A far-left group of radicals calling themselves Ending Dirty Gas Exploitation Philadelphia (EDGE Philly) is borrowing a tactic first pioneered by THE Delaware Riverkeeper, to oppose a short pipeline project near Philadelphia. In November, MDN shared the exciting news that an old oil pipeline stretching from Northampton County, PA through Bucks, Montgomery, and Chester counties, terminating in Delaware County at Marcus Hook, had been purchased by a subsidiary of New Jersey Resources and will get converted to flow Marcellus natural gas to the greater Philadelphia region (see Oil Pipeline Near Philly to be Converted to Flow Fracked NatGas). The project/pipeline is called Adelphia Gateway. Adelphia ran an open season–a period of time when shippers can reserve capacity along the pipeline–and got requests for twice the amount of capacity the pipeline will hold (see Converted Pipeline Near Philly Gets 2X More Interest than Capacity). That was more than enough for NJ Resources to move forward with the project. In January NJ Resources filed an official application with the Federal Energy Regulatory Commission (FERC) to convert the existing pipeline to flow natural gas, and add various facilities (like meter stations) along the way (see Adelphia Gateway Pipeline Near Philly Files with FERC). The irrational fossil fuel haters from EDGE Philly want to stop the project. So they’re coaching as many blind followers as possible to file as “intervenors” in the project–hoping to flood FERC with intervenor applications, slowing down the entire approval process, bringing it to a halt…
    Read More “Fractivists Gear Up to Fight Conversion of Philly Pipe for NatGas”

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    Sunoco LP Pays PA DEP $12.6M to Resume ME2 Pipeline Construction

    In what can only be considered a government shakedown, Sunoco Logistics Partners has agreed to pay a massive (historically high) $12.6 million fine to the PA Dept. of Environmental Protection (DEP) for “permit violations related to the construction of the Mariner East 2 pipeline project.” The fine, along with a “stringent compliance review” going forward, gives the DEP enough confidence to allow Sunoco to resume construction on the ME2 project, which has been halted since January 3rd (see PA DEP Caves to Big Green Pressure, Stops All Work on ME2 Pipeline). Last Friday Sunoco appealed the DEP’s stop work order to a special court set up to hear appeals of DEP decisions (see Sunoco Appeals DEP’s ME2 Pipe Suspension to Enviro Hearing Board). DEP couldn’t risk having their order overturned–not when there’s a shakedown in progress! With respect to the “deal,” Sunoco said, in so many words, that while they (strongly) disagree with the DEP’s statements in making the deal, Sunoco is willing to pay the fine so they can get back to work and finish the project. A cost of doing business in PA, apparently. Beginning today, thousands of people who had been thrown out of work by the DEP order will resume their jobs. All it took was 12.6 big ones to make it happen…
    Read More “Sunoco LP Pays PA DEP $12.6M to Resume ME2 Pipeline Construction”

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    PA Superior Court Upholds Challenge to “Title Washing”

    Ever hear of “title washing?” MDN alerted readers about this funny sounding practice that has to do with mineral rights in Pennsylvania, with possible implications for landowners and drillers, back in 2016 (see PA Supreme Court Decides “Title Washing” OK in Mineral Rights Case). In 2016, the Pennsylvania Supreme Court issued a 5-0 ruling that upholds the practice of title washing in the Keystone State. What is it, and how does it affect landowners and drillers? In the case of Herder Spring Hunting Club v. Keller there had been a tax sale in 1935 for a property in Centre County, PA where the mineral rights had previously been separated. Prior to 1948 if mineral rights that had been separated were not properly recorded (it was incumbent on the owner of the subsurface rights to ensure the sale was recorded at the assessor’s office), and the surface land was later sold, both the mineral rights (subsurface) and the surface land became part of the sale. If the rights owner didn’t record the sale, they lost their ownership rights. That, in essence, is title washing. After 1948 a law prevented this from happening, so such cases only apply to land sold before 1948. The PA Supremes upheld title washing in the 2016 case. Another case, Woodhouse Hunting Club, Inc. v. Hoyt, made a run at challenging title washing–this time in Pennsylvania Superior Court. However, the Superiors have sided with the Supremes in shooting down the challenge…
    Read More “PA Superior Court Upholds Challenge to “Title Washing””

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    Washington PA Prefers Dilapidated Bldg to “Transient” Shale Workers

    There’s a real eyesore in downtown Washington, PA–a building that brings down the neighborhood. Even though the building is a blight for the entire area, it remains standing due to prejudice on the part of local residents, including a local Catholic church. There was a plan to renovate a former, run-down convent and turn it into a boarding house for Marcellus Shale workers in Washington, PA. We previously chronicled City Council’s opposition to the project (see Washington, PA Votes to Reject Marcellus Boarding House). We also chronicled the shameful opposition of Rev. William Feeney and the Immaculate Conception church across the street from their denomination’s abandoned convent–opposed to the plan because it might attract “transients” to the neighborhood (see Marcellus Prejudice on Display at Washington, PA Church). We were reminded by a recent letter to the editor in a Washington, PA newspaper that the abandoned convent is still there, still a blight, still an eyesore–bringing down the entire neighborhood. All because of prejudice…
    Read More “Washington PA Prefers Dilapidated Bldg to “Transient” Shale Workers”

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    “Talk About It” Substitutes for Real Science in Marcellus Study

    This is one of those zany Friday kind of stories. Yet another so-called study on the Marcellus Shale industry recently caught our attention. We’ve often pointed out the “bought and paid for” research that abounds on shale drilling. This one goes to a whole new metaphysical plane. Instead of researching and drawing conclusions from research data, the recently published study “Engaging over data on fracking and water quality” (University of Pittsburgh and Penn State University) talks about talking about the issue of Marcellus Shale drilling. Yeah. How do you *feel* about drilling? Here, lie down on this sofa while we ask you some questions about your childhood and fracking practices. OK, so maybe a study about how people talk about the issues involved with Marcellus Shale drilling isn’t so far-fetched–if such a “study” were to appear in the Journal of Idiosyncratic Sociology. This “study” however, was published in the journal Science. As in hard science–not social science. So now it no longer matters what real science finds–whether or not fracking actually pollutes water and air. Whether or not living near a fracking site will stunt your growth. Whether or not fracking carves up forests or increases automobile accidents or any of a plethora of other issues. What REALLY matters is what you *think* about all that. That’s what now passes for science in Science…
    Read More ““Talk About It” Substitutes for Real Science in Marcellus Study”

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    Pin Oak Energy Buys 70K Utica Acres in OH & PA + Pipeline Assets

    Pin Oak Energy Partners has just more than doubled the leased acreage it owns in the Marcellus/Utica, adding 70,000 Utica acres in both Ohio and Pennsylvania to its portfolio. MDN previously ran several stories about this relatively new entrant to our region (see our Pin Oak Energy stories here). While Pin Oak is a “new” company, the people running it have been around. CEO Chris Halvorson says Pin Oak is comprised of folks who were formerly with AB Resources. You may recall that AB Resources built a position in the southwestern “core” of the Marcellus and sold out to Chevron several years ago. Pin Oak is “what’s next” for for the former AB folks. Their target: the Appalachian basin. They buy both conventional and unconventional wells and acreage. Pin Oak announced yesterday that in a series of transactions with various sellers (all unnamed, amounts not disclosed), the company picked up a total of 70,000 acres in Mahoning and Trumbull counties in Ohio, and Mercer County in Pennsylvania. They also bought gas processing facilities and “multiple taps” into interstate gas pipelines, including two taps into the mighty Tennessee Gas Pipeline. Here’s the details on the purchase, which includes 33 conventional wells that target the Knox formation in southern OH…
    Read More “Pin Oak Energy Buys 70K Utica Acres in OH & PA + Pipeline Assets”

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    SWPA Antis Twist State Laws in Bid to Declare Shale Drilling Illegal

    In November 2015 MDN reported on a seemingly obscure zoning court case in Westmoreland County, PA (see 3 Western PA Antis Weigh Appeal of Court Ruling in Zoning Case). Three ladies brought a lawsuit against Allegheny Township because the town approved a permit for CNX Gas–to drill a well on a farm owned by John and Anne Slike. Since the farm is about 1,200 feet from where the ladies live, they objected. We thought the case was long over with. But it’s not. As we recently pointed out, the ladies and their radical fractivist lawyer appealed using a novel legal argument (see SWPA Antis Breathe New Life into Old Zoning Lawsuit). Based on recent PA Supreme Court cases that uphold so-called environmental rights for all PA citizens, the ladies and their lawyer claim that allowing Marcellus drilling violates their environmental rights and they will experience mythical harms. The problem with the case is that if they win, it’s not much of a stretch for antis everywhere to claim the same thing–promptly ending the miracle of Marcellus drilling in the Keystone State…
    Read More “SWPA Antis Twist State Laws in Bid to Declare Shale Drilling Illegal”

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    NEPA Republican Lawmaker Intros Marcellus Health Registry Bill

    In 2011, then-Gov. Tom Corbett’s Marcellus Shale Advisory Commission filed a final report with 96 recommendations (see PA Marcellus Shale Advisory Commission Final Report with 96 Recommendations). One of those recommendations is to establish a population-based health registry. The aim would be to collect and evaluate clinical data from health care providers and monitor citizens living near drilling sites. Sounded good to us then, still sounds good now. One of the early attempts at this came from the private sector. Geisinger Health Systems proposed to use data already in the files to begin tracking potential issues related to shale drilling (see PA Marcellus Health Study by Geisinger Turns into Data Warehouse). But as we later learned, Geisinger was in it for the money (can’t blame them). They wanted $24 million and didn’t get it, so that effort flopped. A Republican State legislator from Scranton, PA, Rep. Karen Boback, is attempting to reignite interest in the health registry issue. On Monday, Rep. Boback introduced House Bill (HB) 2055 (full copy below) that would establish a health registry to collect health-related data from those living near shale drilling. The PA Dept. of Health would be the agency tasked with the data collection. Rep. Boback figures it will take $1 million per year to fund the initiative, far less than what Geisinger wanted…
    Read More “NEPA Republican Lawmaker Intros Marcellus Health Registry Bill”

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    PennEast Files Eminent Domain Against 44 Landowners, Wants Marshals

    As we told you last week, Monday (Feb. 5) was the final day for landowners who live along the path of the PennEast Pipeline to accept an offer from PennEast to lease their land for the pipeline (see PennEast Pipe Gives Holdout Landowners Feb 5 Deadline to Sign). The landowners have had nearly three years to deal in good faith negotiations with PennEast, and their time has now run out. On Tuesday PennEast regrettably was forced to file eminent domain lawsuits against 44 holdout landowners. PennEast also asked the court to approve the use of federal marshals to protect workers due to threats the company has received from landowners and radical antis who say they will hassle workers and block construction. A prudent request given the sometimes violent nature of the Big Green movement (e.g. Dakota Access Pipeline violence). Here’s the latest on PennEast, as they get ready to begin construction…
    Read More “PennEast Files Eminent Domain Against 44 Landowners, Wants Marshals”

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    PA Gov. Wolf Broken Record: Proposes Budget with Severance Tax

    Here we go again. Supposedly striking a more “cooperative tone,” Pennsylvania Gov. Wolf’s sympathetic media buddies are trying to spin, as best they can, Wolf’s state budget proposal delivered yesterday. Wolf is a hyper-partisan who, in this latest budget, continues to demand a $250 million/year Marcellus-killing severance tax–on top of the existing impact tax. It is the only new tax in the budget, a budget that increases the already wildly overspent state budget by an additional $1 billion! Spending in Harrisburg is completely out of control–a disaster. The last governor (frankly the only governor in a generation) who tried to correct Harrisburg’s voracious appetite to spend more, Tom Corbett, got voted out of office after one term. Wolf is hoping to score a second term by continuing his Santa Claus routine–by pulling money from the pockets of those who earn it (landowners and drillers) to give away to those who don’t (teacher’s unions in Philadelphia). We are not exaggerating–this is fact. In his proposed $32.9 million budget, Wolf claims a “modest” severance tax will generate $248.7 million this year, and ALL OF IT will go to “education”–meaning teachers and their unions in the Philadelphia region. It’s political payback for their ongoing support and for their efforts to get Wolf elected in the first place. Why is this FACT not discussed openly in the media? It is repugnant to use the gun barrel of the state to steal the wealth of one group and transfer it to another as political patronage. Yet that is Wolf’s mission. Republican legislators reacted negatively to Wolf’s wildly overspent budget (and severance tax), as did the Marcellus industry…
    Read More “PA Gov. Wolf Broken Record: Proposes Budget with Severance Tax”

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    PA Senate Passes Meaningless Resolution to “Study” Slow DEP Permits

    This is what passes for “action” in the swamp of Harrisburg. Over the past couple of years the Pennsylvania Dept. of Environmental Protection (DEP) has gotten slower and slower in issuing permits for shale drilling–for simple things, like erosion permits a driller needs to push dirt around to create a well pad. The DEP has a policy of issuing erosion and sedimentation permits 14 days from the date of application. As of last summer it was taking the DEP over 250 days to issue those permits (see More Pushback on PA Senate Plan to Fix Slow DEP Permit Reviews). The drilling industry has been loudly pushing for a change. The DEP says it has fewer people on staff and that’s the reason for the slowdown. The thing is, the number of requests for permits has gone down too–so that particular argument doesn’t hold a lot of water. PA House Republicans have introduced a number of bills to “fix” the DEP, not least of which is a bill introduced that allows certified third parties to assist the DEP in reviewing permit applications (see Bill Introduced to Fix PA DEP’s Extreme Delays Issuing Permits). The PA Senate wants in on the “fix DEP” action too. A Senate Democrat, John Yudichak from Wilkes-Barre, proposed a resolution to study the problem (see PA Senate Ctte Sends “Study Slow DEP” Resolution for Full Vote). A resolution to study something is swamp code for “don’t do a darned thing about it.” Yudichak’s meaningless resolution passed the full Senate yesterday. PA Senators can now all pat themselves on the back, pretending they’ve actually done something to address this critical problem when in fact, they’ve done nothing at all…
    Read More “PA Senate Passes Meaningless Resolution to “Study” Slow DEP Permits”

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    M-U Gathering Pipelines Blamed for Killing “Ancient” Salamanders

    The Eastern hellbender is the largest salamander in North America, reaching lengths of up to 24 inches. It’s also the official amphibian of Pennsylvania. Photo: Dave Herasimtschuk / Freshwaters Illustrated

    (Sigh.) Here we go again. An in-depth news story appearing on the PBS website Allegheny Front theorizes that the presence of natural gas gathering pipelines–run to individual shale wells–are causing a decrease in the population of hellbenders. The theory is that as more and more pipelines are installed under creeks and streams throughout the region (in western PA and easter OH), the construction process muddies the streams and kills aquatic life, including the hellbender. The hellbender is a giant salamander–growing to an average of 15 inches long. Ugly suckers–so ugly they’re cute! OK, so a pipeline gets installed and the water is muddy for a day or two and maybe it kills a hellbender or two, what’s the big deal? Are they an endangered species? No, they are not. They are, however, considered to be “near-threatened”–meaning any decade now they *may* get added to the “threatened” list (but still not endangered). The idea is, of course, to avoid killing enough of a species like the hellbender so that it ends up on a threatened or endangered list. So are pipelines having a negative impact on hellbender populations? The article wants you think so, but actually, there’s zero evidence of any kind of impact by pipelines on hellbender populations. Instead of scientific steak to show a connection between pipelines and hellbender populations, the article serves up anecdotal Cheetos of scary pictures of pipelines being installed. There is no connection between pipeline construction and hellbender populations–that’s the bottom line when you read the following story…
    Read More “M-U Gathering Pipelines Blamed for Killing “Ancient” Salamanders”