Federal Court Denies CELDF’s Re-Hearing Request in Grant Twp Case
We believe this bit of news is exclusive to MDN–we’ve not seen it anywhere else, yet. In early August MDN reported that the novel legal argument offered by the radical leftist PA-based group Community Environmental Legal Defense Fund (CELDF) in Grant Township (Indiana County), PA claiming to represent a local ecosystem had failed (see CELDF Loses Case to Represent Ecosystem – Turtles Disappointed). The CELDF tried to claim the Little Mahoning Watershed, an ecosystem, is a “person” under the law–an asinine notion. The CELDF had hoodwinked local anti-drillers in Grant who are opposed to a legally-permitted injection well, attempting to block the well from getting built and operated by Pennsylvania General Energy (PGE). Claiming they speak for the ecosystem was the legal shenanigan the CELDF tried to pull–and it didn’t work. The federal Third Circuit Court of Appeals rejected their arguments, clearing the way for PGE to build the injection well and continue with a $1 million lawsuit against Grant for causing economic harm to the company. Here is the new and exclusive news: The CELDF, masquerading as the Little Mahoning Watershed (the “ecosystem”), along with CELDF’s sibling organization called East Run Hellbenders Society, immediately petitioned the full Third Circuit (all of the justices) asking for a rehearing–something called a Sur Petition for Rehearing. The CELDF wanted another bite at the apple–a chance to prove to other justices that the Little Mahoning Watershed is a “person” under the law and should be represented by the crazies at the CELDF. The justices of the Third Circuit unanimously and swiftly rejected the petition for rehearing. It’s the end of the road for the CELDF and Grant Township in this case, which means the PGE injection well will now get built, and Grant Township taxpayers will have to pony up $1 million (if PGE wins their lawsuit, as we expect they will)…
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A banker, a real estate developer and a natural gas drilling company rep walk into a bar… No wait! This isn’t a joke! A banker, a real estate developer and a natgas drilling rep were panelists at seminar held yesterday, organized by the Pittsburgh Business Times. Even though there has been a major slowdown in Marcellus/Utica drilling, all three panelists were upbeat and optimistic–in no small part because of the coming Shell ethane cracker in nearby Beaver County. One comment made about the Shell cracker: “We’re not just building a facility; we’re building an industry.” That’s just how major the Shell project will be in the greater Pittsburgh area. Another comment: “The Marcellus Shale is not in the tank…It has slowed down, which is typical of industries that are sensitive to price cycles, [but] it’s consistent, affordable and is stable.” More interesting tidbits from the PBT soiree…
The Pennsylvania Department of Environmental Protection (DEP) has fined two CONSOL Energy subsidiaries, CNX Gas (the drilling division) and CONE Midstream (co-owned by CONSOL and Noble Energy) for coloring outside the lines when they built some gathering pipelines in four western Pennsylvania counties. CNX was fined $139,000 and CONE was fined $45,000 for veering off the path officially filed with the DEP. According to DEP spokesman John Poister, the numskulls didn’t pay attention and were sloppy (our words, his sentiment). Here’s the official announcement from the DEP, along with comments from Poister…
We suppose we should have known, but we didn’t. We didn’t know that Pennsylvania has a Department of Community and Economic Development (DCED). In fact, the DCED has its own cabinet-level Secretary–Dennis Davin–appointed by Democrat Gov. Tom Wolf in January 2015 when Wolf assumed office. Davin has stayed largely under the radar–until now. Wolf has sent Davin out on a road show to promote the forthcoming Shell ethane cracker plant. Davin is conducting roundtable discussions in various communities around PA to generate ideas on how local businesses can benefit from the cracker. So far he’s visited Beaver County (where the cracker will be built), Lawrence County and Washington County. The DCED is flooding the airways with press releases about Davin’s cracker road show…
Gene Barr is the president and CEO of the Pennsylvania Chamber of Business and Industry. The PA Chamber is a big supporter of the Marcellus industry. Writing a column that appears in a recent edition of the York Dispatch, Barr gives full-throated support to three pipelines “critical” to PA’s future: Williams’ Atlantic Sunrise; Sunoco Logistics’ Mariner East 2; and UGI Energy Services’ PennEast. We really liked Barr’s column (read it below). However, we would add a fourth pipeline to his list of critically important pipelines for PA drillers: the Williams Constitution Pipeline. While the three projects Barr names will be mostly built in PA, the Constitution Pipeline will be mostly built in New York State. We suppose that’s all we have to say for you to know why that project is in trouble. At any rate, here’s the reasons Barr offers for supporting the three pipelines he mentions in his column, reasons that equally apply to the much-needed Constitution Pipeline too…
Pennsylvania, like all states, is on a mission to combat the fairy tale of man-made global warming by reducing carbon dioxide (CO2) emissions (the stuff you exhale with every breath), and by reducing methane (i.e. natural gas) that escapes into the atmosphere. Global warmists have talked themselves into the belief that a little methane leaking here and there is worse than a supernova. Whatever. The Dept. of Environmental Protection (DEP) in PA is tasked with developing a plan to reduce CO2 and methane emissions in the Keystone State. They’ve just released a final version of their 2015 Climate Change Action Plan Update (full copy below). Among the suggestions from the brainiacs at the DEP is dressing up trucks in skirts (don’t ask)…
This one has us scratching our heads. Landowners Damon and Kendra Baker, in Tioga County, PA, signed a lease with Shell’s SWEPI in 2006. We’re guessing the signing bonus was peanuts because at that time the Marcellus was still in its infancy in PA. SWEPI constructed a well pad on their property in 2010 but had drilled no wells by the time the lease expired in 2011. The Bakers wanted a healthy re-signing bonus to allow SWEPI to lease their land again. SWEPI’s final offer was $150,000 (not sure for how many acres). The Baker’s, according to SWEPI, wanted half a million dollars. SWEPI said “no thanks” and therefore, according to state Dept. of Environmental Protection standards, needs to restore the property to its original state and be done with it. But the Bakers won’t let them re-enter the property. So SWEPI is suing and the clock is ticking–they only have until December to put it back to original condition or the company will be fined $500/day until it’s done…
In May MDN told you that the Penn Township (in Westmoreland County, PA) zoning board voted to refuse to grant a permit to Apex Energy to build a DEP-permitted well pad in the town (see 
The Pennsylvania State Dept. of Environmental Protection (DEP) keeps track of emissions from various sources–including the shale industry. When drillers drill and pipeline companies pipe, the equipment used leaks nasty stuff into the air. Frankly it’s no different for any industrial activity or business. Even homes. We all emit stuff into the air. The question is, how much do we emit and does it rise to the level of being harmful? Yesterday the DEP released air emissions numbers for the shale industry for 2014–the most recent year in which they have completed data. What does it show? In 2014 the industry was still in an upswing–there were more wells drilled, more pipelines being added, etc. than in 2013. So it’s no surprise to learn that the shale industry as a whole emitted more emissions in 2014 than in 2013. What will be interesting is to see the 2015 numbers when they get released a year from now (the downturn began in 2015). With less drilling and piping, will air emissions go down? Stands to reason. At any rate, here’s what the DEP said yesterday about an increase in emitting nasty stuff by the drilling industry…
We’re sorry to beat a dead horse (or goat, in this case) to death, but we can’t help it. We have another shining example of far-left environmental radicals who are bleating about the Federal Energy Regulatory Commission’s (FERC) change-up in the way they accepted public comments on the PennEast Pipeline project. We first reported the antis are up-in-arms two days ago (see 
The Center for Sustainable Shale Development (CSSD) has fought stiff headwinds from the beginning. The organization was founded by a group of Pennsylvania shale industry people and environmentalists reaching across the isle to forge strict new standards both sides can live with. Environmental leftists, like Mamma Teresa Heinz Kerry and her Heniz Endowments, pulled support and have actively worked against the CSSD (see 
Pennsylvania residents: It’s time to (once again) show your support for the Atlantic Sunrise Pipeline project, a $3 billion, 198-mile project running through 10 Pennsylvania counties to connect Marcellus Shale natural gas from PA with the Williams’ Transco pipeline in southern Lancaster County. It is a much-needed pipeline to move more Marcellus gas south, to new markets. In the past MDN has asked you to sign letters going to the Federal Energy Regulatory Commission (FERC) and to the PA Dept. of Environmental Protection (DEP). And you, our dear readers, have been the most responsive audience to get behind the effort to support this project. Thank you! We’re coming to you again with a new request. 
Last December Pennsylvania’s felony-indicted Attorney General, Kathleen Kane, brought a lawsuit against Chesapeake Energy, Anadarko and Williams accusing them of, among other things, royalty fraud (see