Pennsylvania

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    Pittsburgh Paper Asks, Is PA Severance Tax Dead? Yes!

    no-tax.jpgUnfortunately a Pittsburgh-area newspaper, the Washington (PA) Observer-Reporter, has fallen prey to a lie. Somehow the paper’s editors think because there’s not something called “severance tax” in the tax code of Pennsylvania, that means the state doesn’t have one–when in fact they do. It’s called an Impact Fee coupled with a corporate income tax. Add the two together, and PA’s drillers pay a “severance tax” rate that is higher than Texas and other shale states. In a recent editorial published in the Observer-Reporter, the editorial board admits that a severance tax is (for now) dead in PA. That’s the good news. When your opponent admits defeat, that’s a good sign. However, the editors still whine for a nosebleed-high severance tax anyway, accusing the drilling industry of getting a “sweetheart deal” that, they say, should end when gas prices go up again…
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    Court Rejects Dela. Riverkeeper Case Against PA DEP Pipe Approval

    happy dance - SnoopyTime to do a happy dance. THE (arrogant) Delaware Riverkeeper has lost yet another court case–one of many such cases they continuously file to stop any fossil fuel-related project in the northeast. In March MDN told you that THE Delaware Riverkeeper had sued the Federal Energy Regulatory Commission, challenging their decision to approve the Williams Transco Pipeline’s Leidy Southeast Expansion from PA to New York City (see Dela. Riverkeeper Sues FERC Again – Over Leidy Pipeline Expansion). Riverkeeper wanted to hedge its bets–so at some point (not sure when) they also sued the Pennsylvania Dept. of Environmental Protection (DEP) and Riverkeeper’s philosophical clones at the New Jersey Conservation Foundation sued the New Jersey Department of Environmental Protection (NJDEP) claiming the agencies acted “arbitrarily or capriciously” in granting state permits for the Leidy Southeast Expansion project. The U.S. Court of Appeals for the Third Circuit this week slapped down Riverkeeper and their clones in NJ, saying the states were well within their rights to grant those permits, and they did nothing wrong…
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    Judge Rules No Class Action Against Chesapeake in PA Royalty Case

    go it aloneA landowner couple in Bradford County, PA, Edward and Kathleen Ostroski, filed a royalty lawsuit against Chesapeake Energy claiming Chesapeake was screwing them out of money by conducting “creative” accounting and deducting expenses that shouldn’t be deducted. Seems like there’s hardly a state where Chessy drills where someone has not filed a similar lawsuit against the company. However, in the Ostroski case, the couple claimed (or rather, their lawyers claimed) the case should be a class action. That there are in fact some 2,000 other landowners similarly affected by Chesapeake’s actions. A U.S. Middle District judge ruled on Monday that the Ostroskis may pursue their case–but only for themselves. There will be no class action. If other landowners feel cheated, they will have to bring their own lawsuits against the company…
    Read More “Judge Rules No Class Action Against Chesapeake in PA Royalty Case”

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    No Methane Migration in PA Water Wells from Shale Drilling in 2015

    zeroLast week MDN highlighted and shared with you a top notch new report just issued by the Pennsylvania Dept. of Environmental Protection–the PA Oil and Gas Annual Report for 2015 (see PA Releases 2015 Oil & Gas Annual Report (Very Cool)). The report is full of charts and graphs and very interesting commentary. We love it! If you dig deep, you’ll find a startling statistic that anti-drilling zealots don’t want you know: Last year there were no (ZERO) cases of methane migration into water wells caused by oil and gas drilling in the Keystone State. You read that right. NONE. That’s something all sane people can celebrate. See how far we’ve come in just a few short years?…
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    Big Stakes: Gorsline Zoning Case Goes to PA Supreme Court

    theyre backGuess who’s back with a case now before the Pennsylvania Supreme Court? Yep, the odious nutters from Big Green Groups PennFuture, THE (arrogant) Delaware Riverkeeper, and the Peters Township gang. You may recall we reported last September of the humiliating defeat suffered by these groups in the “Gorsline” case (see Major Victory for PA Landowners/Drillers in Lycoming County Case). It was a Lycoming County zoning case before the Pennsylvania Commonwealth Court. In Gorsline v. Board of Supervisors of Fairfield Township, anti-drilling neighbors, including Brian and Dawn Gorsline, Paul and Michele Batkowski and others (collectively “Gorsline”) sued to stop a conditional use permit granted by Fairfield Township to allow Inflection Energy to construct a well pad on the property of Donald and Eleanor Shaheen. The case was weak, but the lowest court in the PA court system–the Court of Common Pleas (i.e. county court)–said the ninny nanny neighbors had a right to strip away the Shaheen’s property rights to allow drilling on their own property. The PA Commonwealth Court obliterated the faulty reasoning of the lower court and, significantly, redefined how courts should interpret the results of the Act 13 zoning lawsuit that allows local municipalities the right to restrict shale drilling. Unfortunately the matter won’t rest there. The Pennsylvania Supreme Court has taken up the Gorsline case on appeal. The PA Supreme Court has a 5-2 majority of left-leaning Democrats. Below we have a copy of the brief filed by PennFuture on behalf of the ninny nanny Gorslines, along with “friend of the court” briefs filed by THE Delaware Riverkeeper and Peters Township. Folks, this is a dangerous case the for drilling industry… Read More “Big Stakes: Gorsline Zoning Case Goes to PA Supreme Court”

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    NFG/Seneca Resources Expanding Utica Drilling Program

    Seneca ResourcesLast week MDN reported on National Fuel Gas Company’s quarterly recently-filed quarterly report (see NFG Update: Seneca Gas Production Up 25%, Pipeline Profits Up Too). What we didn’t have at the time we wrote that story was comments from NFG’s drilling subsidiary, Seneca Resources. During the quarterly earnings phone call with analysts, Seneca head and COO, John McGinnis, said that Seneca is “quite pleased” with their very first Utica well which has been online for the past 45 days (drilled in northern PA). In fact, Seneca now plans to drill six more Utica wells over the next year, based on initial results. Here is what McGinnis had to say about the Utica, and the Marcellus–and what to expect…
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    New (To Us) Gathering Pipeline in the Centre of the Marcellus

    Unit-CorporationIt’s not often we miss something that happens in the Marcellus. No, we’re certainly not omniscient. But not much (we hope) escapes our eye when it comes to drillers, midstreamers and other participants in the Marcellus/Utica region. Here’s one that did! Unit Corporation is a Tulsa-based, publicly held energy company engaged through its subsidiaries in oil and gas exploration, production, contract drilling, and gas gathering and processing. Pretty much the whole upstream and midstream pie. In January 2016 Unit completed 49 miles of gathering pipelines in Centre County, PA. That’s the part we missed. Below are a few excerpts from their recent second quarter 2016 update talking about what they call their Snow Shoe Gathering system, along with a couple of screen shots from the most recent company PowerPoint presentation…
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    Shakedown Complete: XTO Pays PA AG $400K to Make Case Go Away

    Make Him an Offer He Can't RefuseJust prior to going on trial for committing felonies while in office, Pennsylvania Attorney General Kathleen Kane (Democrat) needed something, ANYTHING, to distract the press from focusing on her own crimes. Since she took office in January 2013, Kane has targeted the Marcellus industry. One of the first high profile cases she manufactured (out of nothing) was to accuse XTO Energy of committing a crime in an accidental spill of a few thousand gallons of frack wastewater–an accident in Lycoming County, PA that happened years before she took office and didn’t have any long-term effects (see PA AG Abuses Her Authority, Files Criminal Charges Against XTO). The case Kane has tried to manufacture against XTO, launched in her first year in office, is finally over. Instead of dragging it out further, XTO decided to pay Kane $400,000 to make it all go away (called a shakedown in the organized crime world). Kane is settling with XTO using a “rehabilitation” program normally used for drunk drivers without a prior record–that’s how desperate she is to get this case settled and turn the focus away from herself for a few days. “Coincidentally” Kane’s own felony trial begins on Monday. It’ll be a sweet day to watch her frog marched out in leg irons when she’s convicted…
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    CELDF Loses Case to Represent Ecosystem – Turtles Disappointed

    Gavel-falling.jpgScore an important victory against the forces of darkness. The radical leftist PA-based group Community Environmental Legal Defense Fund (CELDF) does its best to trick townships into passing illegal bans on fracking and injection wells. In 2013 the CELDF fooled Highland Township in Elk County, PA into passing a ban on wastewater injection wells. They also tricked Grant Township in Indiana County, PA to do the same thing. Both towns are in court defending their illegal actions. One of the idiotic legal tactics used by the CELDF in both cases is to claim that an ecosystem is a “person” under the law–a person who can file to join the town’s lawsuit in an effort to protect itself (see It Speaks! An “Ecosystem” has Filed to Join a Lawsuit in PA). Of course the CELDF appoints itself as the representative of said ecosystem. It’s an asinine notion. Will the tree in my front yard sue me for cutting a branch off it? Will my gravel driveway sue me if I decide to pave it? Get real. Back to declaring victory. Pennsylvania General Energy (PGE) filed a lawsuit against Grant Township for $1 million for blocking construction of PGE’s legally permitted injection well. That CELDF has already said it won’t help Grant taxpayers foot the bill if they lose the lawsuit–after adopting the CELDF’s very own ban language (see Anti Group CELDF Won’t Help Grant Twp Pay $1M Judgement). Last week the Third Circuit Court of Appeals in PA ruled that a so-called ecosystem (the Little Mahoning Watershed) does NOT have standing in the case, completely rejecting the CELDF and their arguments. Grant Township taxpayers should be prepared to open up their wallets, they’re about to get soaked (note that the CELDF has already snuck out of town)…
    Read More “CELDF Loses Case to Represent Ecosystem – Turtles Disappointed”

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    PA’s Annual Oil and Gas Reports for 2013, 2014 & 2015

    PA DEPOn Tuesday MDN brought you what we thought was the very first Annual Oil and Gas Annual Report from the Pennsylvania Dept. of Environmental Protection (see PA Releases 2015 Oil & Gas Annual Report (Very Cool)). In pretty short order we heard from several MDN readers that the DEP’s excellent report was, in fact, started in 2014 under then-Gov. Tom Corbett. We should have known such a useful report would be the creation of a Republican administration. MDN heard from Pat Henderson, formerly PA Gov. Tom Corbett’s Energy Executive and now Director of Regulatory Affairs for the excellent Marcellus Shale Coalition, about the report. The very first report was issued by the DEP in 2014 and covers 2013. Unfortunately the DEP under current Democrat Gov. Tom Wolf removed that report from the DEP website. But Pat kept a copy and sent it to us. Below we have all three Annual Oil and Gas Reports for PA, covering the years 2013, 2014 and 2015 (dated 2014, 2015 and 2016). Thanks Pat!…
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    PA Releases 2015 Oil & Gas Annual Report (Very Cool)

    cool stuffYesterday the Pennsylvania Dept. of Environmental Protection (DEP) issued what we believe is the first-ever Oil and Gas Annual Report, covering last year (2015). We’ve never seen one of these reports before (full copy below). [UPDATE: MDN subscriber Michele W. wrote to tell us the DEP has been producing annual o&g reports since 2013. Thanks Michele!] Our hat is off to the DEP. This is an EXCELLENT report! It’s chock full of very cool graphs and tables and useful information–in particular about the unconventional (shale) drilling industry in the state, but also about the conventional oil and gas industry in PA. At a very high level, we learn that total production of natural gas in PA for 2015 was 4.6 trillion cubic feet (Tcf), versus 4.05 Tcf in 2014–and that’s with less drilling! Most of the production came from the Marcellus Shale layer, but the Utica and Point Pleasant formations are showing a noticeable uptick in production. Among the many charts and graphs is a table showing the Top 25 producers of natgas in the state (see our separate post today on that); the number of shale and conventional well permits issued, by year; number of permits issued by county in 2015 (and a table with the Top 5 counties); number of wells drilled by year for both shale and conventional; number of wells drilled by county in 2015; the list goes on! Take time to read through this fascinating report about the most productive natural gas shale play in the second highest-producing natgas state in the country…
    Read More “PA Releases 2015 Oil & Gas Annual Report (Very Cool)”

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    PA’s Top 25 Natural Gas Producers in 2015

    Top 25Below is a chart from the just-released 2015 Oil and Gas Annual Report for Pennsylvania, from the state’s Dept. of Environmental Protection (DEP). The report is full of great charts and graphs and useful details about both the shale and conventional drilling industry in the state (see today’s lead story, PA Releases 2015 Oil & Gas Annual Report (Very Cool)). It’s hard for us to select a favorite chart/graph from the report, there’s so many of them! However, the table below is on the short list. It is a table showing the Top 25 natural gas producers, along with the amount of natgas produced, for 2015. It may or may not surprise you to learn that the #1 natgas producer in PA for 2015 was….Chesapeake Energy! It certainly didn’t surprise us to see the company in the #2 slot–Cabot Oil & Gas. Here’s the full table…
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    Video: DEP Acting Sec McDonnell Wants to Recycle Article 78 Regs

    Comin Around Again - EditedStateImpact Pennsylvania is populated with partisan hacks who pretend to be reporters. One of them is Marie Cusick (who has a degree in political science, not journalism). We’ve often pointed out the extreme left-tilting political bias in StateImpact’s “articles” (i.e. propaganda). What really galls is that taxpayers help fund it, since StateImpact is a project of the Public Broadcasting Service. We hate having our tax money fund such skewed reporting. But we digress. Yesterday Marie Cusick did an interview with the Acting Secretary of the Pennsylvania Dept. of Environmental Protection (DEP), Pat McDonnell. You may recall that Pat’s predecessor, John Quigley, was fired for colluding with Big Green groups and using a private email address to do it (see Smoking Gun: Copy of the Email that Got John Quigley Fired). Quigley, formerly from the anti-drilling PennFuture organization, was a rigid ideologue with a thin skin–someone who didn’t like his extreme views being challenged. Pat McDonnell, on the other hand, has been with the DEP on-and-off for the past 20 years. He’s a lifer. And it appears he’s not nearly as rigid as Quigley was. Cusick sat McDonnell down for a brief interview (watch it below). Among her questions: What about conventional Article 78 drilling regs? Is it back to the drawing board? According to McDonnell, the answer to that is “no.” He plans to dust off the rebuffed Article 78 drilling regs developed over the past five years and try to get a form of them palatable enough for the drilling industry to swallow…
    Read More “Video: DEP Acting Sec McDonnell Wants to Recycle Article 78 Regs”

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    Comprehensive List of Laws Coming at Marcellus/Utica in PA-OH-WV

    nortonrosefulbrightThe legal beagles at global law firm Norton Rose Fulbright have done us all a huge favor. Researchers have just issued a quarterly legislative action update for the second quarter of 2016 looking at previously laws acted upon, and new laws introduced, affecting the oil and gas industry in Pennsylvania, Ohio and West Virginia. The “Quarterly legislative action update: Marcellus and Utica shale region” (full copy below) begins with a quick listing by state for existing or new laws introduced, with descriptions for each bill/law. This is, in one place, pretty much everything you need to know about what new laws (i.e. regulations) are coming down the pike that will affect the Marcellus and Utica Shale drilling industry…
    Read More “Comprehensive List of Laws Coming at Marcellus/Utica in PA-OH-WV”

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    REV LNG Building Small-Scale LNG Facility Near Towanda, PA

    Yellow, green and red semi-trailer trucks stand side-by-side at a rest area in North America.

    We’ve unearthed what we think is a neat story about a company we’ve written about before: REV LNG. Through his work with Shale Daily, MDN editor Jim Willis has had the pleasure of working with, and learning about, the unique technology REV LNG has developed. The company is one of the very few in the United States that buys, transports and sets up “mobile filling stations” (at drill pad sites) so drillers can use liquefied natural gas (LNG) to power their equipment. REV LNG’s uniqueness is that it’s a turn-key service. Customers just pay a “per gallon” fee to fill it up, and REV LNG takes care of the rest. REV LNG was one of the winners of the Shale Gas Innovation Contest in 2013, taking home $25,000 to help spread their technology (see Envelope Please: Winners of Shale Gas Innovation Contest are…). REV LNG is putting the money to good use. REV LNG is using that money plus an $800,000 technology innovation award from the Pennsylvania Department of Environmental Protection’s Alternative Fuels Incentive Grant Program to build a small-scale LNG facility near Towanda (Bradford County), PA, with possible plans to build another such facility in Potter County. The LNG produced by REV LNG will be used not only in the drilling industry, but also to power LNG truck fleets…
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    NGL Exports Driving Pipeline Projects in OH & PA

    Mariner East 2
    Mariner East 2 – click for larger version

    NGLs (natural gas liquids, including ethane, propane and butane) are changing the midstream game in Ohio. We spotted a story in the Youngstown Business Journal that talks about shipping NGLs out of the Marcellus/Utica region–exporting them to other markets both domestic and international. A fascinating part of the article is an interview with Sunoco Logistics Partners about their Mariner East 1 and 2 projects and what Sunoco LP has planned…
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