PA Supreme Court Justices Split Over RGGI – Carbon Tax or Fee?
Yesterday the six sitting justices of the Pennsylvania Supreme Court (currently one vacancy due to the death of Chief Justice Max Baer last fall) heard oral arguments in a case about the so-called Regional Greenhouse Gas Initiative (RGGI)–a carbon tax scheme aimed at shutting down coal- and natural gas-fired power plants in the state. As is often the case, this Supreme Court case is about a technicality in the law. A lower court (PA Commonwealth Court) blocked the state’s entrance into RGGI last year until a lawsuit challenging PA’s participation could play out (see PA Judge Reinstates Order Blocking PA’s Entry into RGGI Carbon Tax). The Supremes heard arguments about whether or not the lower court should have temporarily blocked RGGI. However, yesterday’s discussion by the justices kept drifting back to the core issue: Is RGGI a “fee” as it claims, or is it a tax?
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Last summer Pennsylvania House Bill (HB) 2644 was passed into law, becoming Act 96 of 2022 (see 
We’ve noticed over the past several weeks a coordinated effort among Big Green groups, including the Sierra Club, Analysis Group, the so-called Resources for the Future, the Kleinman Center for Energy Policy, and others, engaged in a full-court press to try and convince Pennsylvanian’s that the Regional Greenhouse Gas Initiative (RGGI), a HUGE tax on carbon dioxide emissions aimed at closing down coal and natural gas-fired power plants in the state, won’t increase electric rates, will clean up the air, and in general, will make Pennsylvanian’s lives happier, live longer, and have better sex. (Well, they don’t mention the sex part, but it’s implied.) We can categorically say, THEY ARE LYING. The simple truth is that these groups are ALL anti-fossil energy and they seek to DESTROY the shale industry. And yes, RGGI will raise your electric rates if you live in PA.
The Shell ethane cracker plant in Beaver County, PA (near Pittsburgh) has experienced a number of problems over the past six months during startup, including flaring and foul odors (see 
Zefiro Methane Corp.
Eastern Gas Transmission and Storage (EGTS), a subsidiary of Warren Buffett’s Berkshire Hathaway Energy company, provides natural gas transportation and storage services with one of the largest underground natural gas storage systems in the United States. Essentially EGTS is a pipeline network that connects to other pipelines to flow and store natural gas in six states: Maryland, New York, Ohio, Pennsylvania, Virginia, and West Virginia. An upgrade of an EGTS metering station in Plum (Allegheny County, PA, near Pittsburgh) is currently under construction and due to be complete “by summer.”
The news lit up Friday afternoon with the latest rig count by Baker Hughes Co. (BKR). We always caution that weekly rig counts are not a reliable way to gauge drilling activity as the count floats up and down each week. However, on Friday, the bottom kind of dropped out of the natural gas rig count. BKR said the gas-focused rig count dropped by 16 to 141 for the week, which amounts to a 10% drop in a single week. That *does* get your attention. The general consensus seems to be that low, low prices (bumping around near $2/MMBtu) have finally taken their toll, and drillers are pulling back on drilling new wells. How many rigs were lost in the Marcellus and Utica last week?
The PA Environment Digest Blog has been reviewing the reports filed by Dept. of Environmental Protection (DEP) workers again and noticed a situation at a well pad in Delmar Township, Tioga County. According to DEP reports filed, a Notice of Violation (NOV) was issued to Seneca Resources for a well pad located on DCNR State Forest land last September. Surface water samples from puddles indicate wastewater (brine) from one or more wells spilled onto the ground.
Yesterday two radicalized Big Green groups–the Environmental Integrity Project (based in D.C.) and the Clean Air Council (based in Philadelphia)–filed a lawsuit against the Shell Polymers Monaca Plant (ethane cracker plant in Beaver County, PA), claiming the plant has repeatedly violated federal air pollution limits. The lawsuit requests the court assess huge fines and force it close down unless it can operate without any further violations of the federal Clean Air Act (CAA) and the federal Air Pollution Control Act (APCA). In other words, the radicals seek to shut down the $10 billion plant and keep it shut down–throwing 600 permanent employees out of work. Nice people at the Environmental Integrity Project and Clean Air Council, eh?
ECA Marcellus Trust I, the royalty interest holder in some of the wells drilled and maintained by Greylock Energy in Greene County, PA, announced it would issue a payout (the equivalent of a dividend) to unitholders of 4.3 cents per unit for 1Q23. That is down from 4Q22 when the Trust paid out 12.4 cents per unit, and down from 3Q22 when the Trust paid out 18 cents per unit. The company continues to hold back some profits ($90,000 in 1Q23) in order to build a cash reserve.
Spotlight PA, a partisan Democrat “newsroom” (propaganda outfit) powered by the Philadelphia Inquirer in partnership with Harrisburg Patriot-News, Pittsburgh Tribune-Review, and WITF PBS Public Media, is taking aim at the conventional drilling industry. In an article about the “crisis” of unplugged orphaned and abandoned conventional oil and gas wells, Spotlight PA, via interviewees, says the $400 million coming from the federal government is not nearly enough money to plug some 200,000+ old wells in the state.
New shale permits issued for May 1-7 in the Marcellus/Utica rose slightly from the prior week. There were 20 new permits issued last week, up from 18 in the prior week. Last week’s tally included 15 new permits for Pennsylvania, 5 new permits for Ohio, and no new permits in West Virginia. Last week the top receiver of new permits was PennEnergy Resources, with 5 permits issued in Armstrong County, PA. Chesapeake Energy was second-highest, with 4 permits issued in Bradford County, PA.