Statewide PA

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    Riverkeeper Too Late to Challenge Penn East Pipe Water Certificate

    In Feb. 2017, THE Delaware Riverkeeper filed a lawsuit challenging water permits issued by PA for the PennEast Pipeline (see PennEast Pipeline Gets 401 Water Quality Certificate from PA DEP). Riverkeeper filed their challenge late, arguing it was confused over where to file the challenge–in federal or state court. Commonwealth Court told Riverkeeper nice try, but no cigar. Last Wednesday Commonwealth Court told Riverkeeper, “you’re too late.” The court said Riverkeeper’s “confusion” over where they should file is not justification for filing WAY past the deadline to challenge the permit. We doubt Riverkeeper even thought this particular lawsuit (one of dozens they’ve launched against PennEast) would bear fruit. This is just one more instance of Riverkeeper’s “throw it against the wall and see what sticks” legal strategy. This particular handful fell to the ground…
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    Mariner East 2 Pipeline 99% Done, Online in ~2 Months

    With all of the negative news stories from mainstream media in Pennsylvania regarding the Mariner East 2 (ME2) Pipeline project, and the seemingly endless challenges by Philadelphia politicians in bed with Big Green groups to try and block the project, here’s a couple of facts to warm your heart, and give antis heartburn: (1) ME2 is now 99% done; (2) ME2 will most likely go online in the next two months–by the end of 3Q18. There will still be a few small areas where ME2 proper is not online in two months–locations near Philadelphia where there have been sinkhole problems. But Sunoco Logistics Partners (aka Energy Transfer), the builder, has a workaround–repurposing an out-of-service pipeline for a few months…
    Read More “Mariner East 2 Pipeline 99% Done, Online in ~2 Months”

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    PA Briggs “Rule of Capture” Case Turns on Concept of Drainage

    In April, MDN brought you the news that 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. Two of the three overturned the lower court and sided with the landowner. Southwestern, following that decision, petitioned the Superior Court to have all of the sitting justices (called en banc) hear the case. Sadly, in June the Superiors proved they aren’t so superior after all, declining to rehear the case (see PA Superior Court Rejects Southwestern “Briggs” Trespass Appeal). Southwestern then appealed the case to the PA Supreme Court in early July (see Southwestern Appeals “Briggs” Trespass Case to PA Supreme Court). No word yet on whether or not the Supremes will take the case. In the meantime, this case and its ultimate effect on drilling in PA and beyond is still a hot topic of discussion throughout the industry. We spotted two recent articles tackling it–one from a lawyer who does a great job of crystallizing the important elements in the case–that this case turns on the concept of drainage, and the other article which tackles the broader topic of how energy law in PA is charting its own path separate from Texas and other big oil/gas states…
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    Berkeley/Johns Hopkins Publish Junk Study on Fracking & Depression

    The usual suspects from Johns Hopkins University, working with researchers from the University of California, Berkeley, have completely soiled themselves this time. It’s really kind of embarrassing. In a “study” just published in Nature, researchers claim they have found a link between living near fracking sites in Pennsylvania and an increased incidence of being *mildly* depressed. We get mildly depressed just reading this drivel. Maybe there’s a link between junk science and mild depression? Launch a study! The research team this time around includes a fellow from the Post Carbon Institute, a rabidly anti-fossil fuel organization that has called fracking a “virus.” You can tell just how biased and false this study truly is just based on the wackos who published it. The “study” is titled, “Associations of unconventional natural gas development with depression symptoms and disordered sleep in Pennsylvania” (full copy below). It’s not even real research. They used a bunch of medical records from a local hospital network (Geisinger) and didn’t actually interview anyone themselves. Totally made up. Total fiction. That’s what you need to know about the latest attack on Marcellus drilling…
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    Enviro Groups Back Down on Challenging DEP Permits for ME2 Pipe

    An interesting development on Friday, when the Pennsylvania Dept. of Environmental Protection (DEP) issued a press release to announced that three radical environmental groups have dropped their objections to permits the DEP previously granted for the Mariner East 2 Pipeline. Clean Air Council, Mountain Watershed Association, and THE Delaware Riverkeeper “settled” their appeal of 20 permits issued to Sunoco for the ME2 project. What does it mean that they “settled?” According to the announcement, “The settlement does not alter any of the 20 permits in the appeal.” In other words, this is face-saving by the radical groups. They backed down. Gave up. Threw in the towel–recognizing that ME2 is about to be completed. In other words, they’ve lost. And we won! We love saying that. No matter how hard the radicals tried to spin the news (via their affiliated mouthpieces, like StateImpact Pennsylvania), you simply can’t gloss over the fact that they’ve backed down…
    Read More “Enviro Groups Back Down on Challenging DEP Permits for ME2 Pipe”

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    PA DEP Orders CNX, XTO & Diversified to Plug 1,058 Abandoned Wells

    Yesterday the Pennsylvania Department of Environmental Protection (DEP) issued administrative orders requiring three oil and gas companies–Alliance Petroleum Corporation (a subsidiary of Diversified Gas & Oil), XTO Energy, and CNX Resources–to plug 1,058 abandoned oil and gas wells across Pennsylvania. Alliance has 638 wells, CNX has 327, and XTO has 93. In a quick scan of the list of wells to be plugged, we didn’t spot a single shale well. All 1,058 wells are conventional/vertical wells. So why is this news for MDN? Because all three drillers (but in particular CNX and XTO) drill shale wells, and plugging old conventional wells takes time and money–time and money that could be spent on drilling shale wells. It takes anywhere from $10,000 to $100,000 to plug an abandoned conventional oil/gas well. Most of the wells are located in the southwestern part of the state. CNX responded that in reviewing the list, some 190 of the wells in their list (out of 327) were part of a recent asset sale. Here’s the details on where, and how long these companies have, to plug old/abandoned oil and gas wells…
    Read More “PA DEP Orders CNX, XTO & Diversified to Plug 1,058 Abandoned Wells”

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    DCNR Report: Less Shale Drilling in PA State Forests Due to Ban

    It’s probably self-evident to most people that if you slap a ban on new leasing of state land for shale drilling, as was first done by liberal Democrat Ed Rendell, and later solidified by liberal Democrat Gov. Tom Wolf, it will result in (tada!) less drilling on state land. That’s the conclusion of an updated report just issued by the Dept. of Conservation and Natural Resources (DCNR). The “Shale Gas Monitoring Report” (full copy below) was first published in 2014. An updated second edition of the report was just issued by DCNR. It shows: gas development on state forest lands has “slowed considerably” since 2014; even though roads to interior parts of forests have been improved (paid for by shale drillers), some folks would rather have “pristine” dirt roads full of potholes instead; there has been a growth of “invasive” plants, perhaps carried into forests by hitching a ride on drilling equipment; drilling hasn’t affected the quality of nearby creeks and rivers. Here’s an overview of the report, followed by a copy of the full 202-page report…
    Read More “DCNR Report: Less Shale Drilling in PA State Forests Due to Ban”

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    Genscape Confirms Atlantic Sunrise Pipe Ready to Flow in August

    Last week MDN brought you the exciting news that Williams says their $3 billion Atlantic Sunrise Pipeline that runs through 10 Pennsylvania counties to connect Marcellus Shale natural gas from northeastern PA with the Williams’ Transco pipeline in southern Lancaster County will go online in August (see Williams: Atlantic Sunrise Pipeline Going Online in August). We have no reason to doubt Williams. After all, if they make an announcement like that and then don’t live up to it, there will be PR hell to pay. It’s in their own best interests to tell the truth about these things. Then again, deadlines have been known to slip and companies always like to put the best possible spin on company news–in an effort to boost the stock price for investors. So perhaps it’s good to have an independent, third party come along from time to time to verify claims like those of Williams and Atlantic Sunrise. But how in the world can you verify a claim that a pipeline is almost done and will go online in the next month or so? By using drones and/or airplanes to fly over the entire length of the project, that’s how. And that’s what Genscape, an analytics and real-time data company has done. Their conclusion? Williams is telling the truth–Atlantic Sunrise WILL go online sometime in August…
    Read More “Genscape Confirms Atlantic Sunrise Pipe Ready to Flow in August”

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    Green Groups Push Fossil Fuel Divestment but Invest in Oil & Gas

    If this doesn’t beat all. In an explosive expose from NBC News (yes, NBC News), some of the biggest names in the Big Green movement, including some in the Marcellus/Utica region, are secretly investing in oil and gas companies while at the same time demanding that banks, investment firms, pension funds, state governments and others divest from the same companies they invest in! In one case, the tax-exempt William Penn Foundation, which backs rabid anti-fossil fuel/divestment groups like THE Delaware Riverkeeper and the Philadelphia-based Clean Air Council, actually invests in (yes) oil and gas companies. The profits from William Penn’s fossil fuel investments are then used to fund groups attacking fossil fuel companies. Mind boggling. It’s yet another case of “do what I say, not what I do” when it comes to the left in this country. We’re just amazed that NBC (a big fake news organization) actually reported it…
    Read More “Green Groups Push Fossil Fuel Divestment but Invest in Oil & Gas”

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    PA DEP Quietly Releases Air Quality Study, No Impacts from Fracking

    In July 2012, the PA Department of Environmental Protection (DEP) announced a one-year study that will look at impacts on air quality from Marcellus drilling and the infrastructure (pipelines and compressor plants) that comes with shale gas drilling (see PA DEP Announces 1 Year Study on Air Quality in Marcellus). The study focued on Washington County in western PA, primarily in and around Chartiers Township, home of a gas processing plant. Exactly six years later the results of that “one-year” study were released by the DEP–with no comment or fanfare. With no nothing. A reporter with the Pittsburgh Post-Gazette noticed the unannounced release on the DEP website. We have a copy of the study/results below. What did it find? In a word–nothing. According to the Post-Gazette, the study found “limited impacts to the air quality around the sites it examined and little risk of healthy residents getting sick from breathing the air nearby.” Which explains why there’s been no fanfare, no calling attention to it. You would think the DEP would want to blow the trumpet about the results of an activity that thousands of state residents are located near. But it’s an election year, and Tom Wolf doesn’t want to rile up his fruitcake environmental base. Here’s more on the report nobody is talking about…
    Read More “PA DEP Quietly Releases Air Quality Study, No Impacts from Fracking”

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    ME2 Pipe Antis Politely & Completely Skewered at PA House Hearing

    On Tuesday, Pennsylvania State Rep. Chris Quinn (R-Delaware) hosted a House Republican Policy Committee meeting at the Penn State Brandywine Campus (Delaware County) to discuss pipeline safety, construction and siting issues in Chester and Delaware counties. The real aim of the session was to focus on Sunoco Logistics Partners’ Mariner East 2 (ME2) pipeline project–a state-regulated project not under the purview of the Federal Energy Regulatory Commission. Eve Miari of the Clean Air Council and Virginia Marcille-Kerslake from West Whiteland Residents for Pipeline Safety were there to provide an overview of concerns by “the community” with siting and building ME2. MDN friend Garland Thompson, a contributing editor for US Black Engineer & Information Technology magazine, attended the session and wrote a report (below). As usual, Garland does a terrific job in capturing the key points of what was discussed. Spoiler alert: While Garland found Miari and Marcille-Kerslake’s testimony heart-felt, their allegations that nobody was/is in charge of siting a project like ME2, and that Sunoco is not being “transparent” in their building of ME2, were skewered, point by point by point. Here is clear, honest, accurate reporting you won’t get anywhere else…
    Read More “ME2 Pipe Antis Politely & Completely Skewered at PA House Hearing”

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    Williams: Atlantic Sunrise Pipeline Going Online in August

    Atlantic Sunrise – click for larger version

    The sun is rising on Atlantic Sunrise Pipeline, a $3 billion, 198-mile pipeline project running through 10 Pennsylvania counties to connect Marcellus Shale natural gas from northeastern PA with the Williams’ Transco pipeline in southern Lancaster County. When first announced, radical anti-drillers claimed they had a thousand people ready to protest and block work on the pipeline. In the end, something under 50 people were arrested for illegal activities in blocking work on the project. The most recent kerfuffle, from earlier this month, included one of the original founders of Lancaster Against Pipelines, Mark Clatterbuck, who used a “sleeping dragon” technique to block work for a few hours (see 2 Lancaster Radicals Arrested Stopping Atlantic Sunrise Pipe Work). Along the journey to building Atlantic Sunrise we’ve faced down radicalized nuns (“Sisters of the Corn”) who tried to block the pipeline from passing across their property–a property with an old folks home that uses natural gas–using a faux “chapel” in a corn field and by filing federal lawsuits (see Lancaster Nuns Demand “Religious Freedom” Trial re Pipeline). Antis tried building a couple of sheds on stilts, hoping to block construction (see PA Antis Build 2nd Magic Tree House to Stop Atlantic Sunrise Pipe). Antis protested at Williams’ regional office, showed up at various construction sites, got a local tribe of Indians involved–and in the end, all of their machinations were for nothing. Williams issued a press release yesterday to say the pipeline is almost done and will go online–flowing 1.7 billion cubic feet per day of mostly Cabot Oil & Gas Marcellus Shale gas extracted in Susquehanna County–sometime in August…
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    THE Delaware Riverkeeper Loses FERC Bias Court Case

    Maya van Rossum

    Maya van Rossum, THE Delaware Riverkeeper (as she calls herself) has struck out once again in federal court. THE van Rossum, with backing by Big Green lawyer Jordan Yeager, asked a federal court to rule that the Federal Energy Regulatory Commission (FERC) is biased in favor of approving pipeline projects (specifically the PennEast Pipeline) because part of the agency’s funding, via permit fees, comes from the companies it regulates. It’s Miss Maya’s attempt at shutting down all approvals for any pipeline anywhere in the United States–including PennEast. Why use a fly swatter when you can use a hammer, right? Fortunately, the judges on the D.C. Circuit Court of Appeals didn’t fall for the ruse. The judges ruled last week that FERC’s decisions about authorizing projects are not tied to, nor influenced by, how the agency is funded. Period. In typical fashion, Riverkeeper complained that the decision didn’t go their way, lying about FERC’s “nearly 100% approval rate.” We’ve explained that approval rate before. FERC project approvals are multi-staged. Pipeline projects either fix issues FERC finds in an initial review, or the sponsors pull the projects from active consideration. The end result is that pipeline projects either meet FERC’s high standards, or they don’t get built…
    Read More “THE Delaware Riverkeeper Loses FERC Bias Court Case”

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    PA Seeks Comments on Boosting Shale Permit Fees 250%

    Pennsylvania Gov. Tom Wolf’s Dept. of Environmental Protection (DEP), the agency charged with overseeing oil and gas drilling in the state, “blindsided” the shale industry in February with a proposal to hike the fee required when submitting an application to drill a new shale well (see PA DEP Plans to Raise Marcellus Well Permit Fee by 250%). The current fee is $5,000. The proposed new fee is $12,500–or 2.5 times (250%) higher. We get it…the DEP has fewer people working there than it once did and needs to hire more help. However, the DEP wants to slap this insanely high fee on shale drillers to (in part) cover the expenses associated with non-shale activities! The shale permit fees will, “fund the broad scope of the [DEP] office’s operations, including its oversight of traditional [i.e. conventional] oil and gas wells, gas storage wells, abandoned wells and earthmoving activities.” How is it, in any sense, fair to hike the fees of shale drillers so DEP agents can better keep an eye on non-shale wells? The DEP plans to steamroller this increase through (see PA DEP Hellbent to Ram Through 250% Hike in Shale Permit Fee). The DEP’s own Environmental Quality Board has already approved the increase. The next step is to publish a notice about the increase in the Pennsylvania Bulletin, which happened on Saturday. Publication triggered a 30-day public comment period. It’s now time for you to make your voice heard…
    Read More “PA Seeks Comments on Boosting Shale Permit Fees 250%”

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    Where is Production Increasing (& Decreasing) in Marcellus/Utica?

    Natural gas production in the U.S. has rocketed skyward in just the past few weeks. According to the experts at RBN Energy, “the abruptness and sheer strength with which production has surged” has “taken the market by surprise.” Gas production rose in every region of the country, but it rocketed in one region in particular. Yep, in the Marcellus/Utica. When you look at how much our region was producing on June 7, and then again on June 28, the difference in just those three weeks is astonishing. Production of natgas soared and was 600 million cubic feet per day higher on June 28 than three weeks prior. Amazing! But production did not increase in every area of the Marcellus/Utica region. In one area, production decreased. Below you’ll find out where production went up, and where it went down in the M-U in June…
    Read More “Where is Production Increasing (& Decreasing) in Marcellus/Utica?”

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    Big Green Pressures Gov. Wolf to Expand Onerous Methane Regs

    This one was easy to predict, because it follows a tried-and-true pattern used by leftists for decades. PA Gov. Wolf’s Administration has been fiddling with proposed regulations to cut down on fugitive methane emissions from drilling and pipelines for years. The regulations are known as General Permit 5 (GP-5) and General Permit 5A (GP-5A). GP-5 applies to pipelines and compressor stations, while GP-5A applies to well pads and drilling. In June, the PA Dept. of Environmental Protection, author of the revised regs, floated its final final final final version of the regs (see PA DEP Releasing Onerous New GP-5 & 5A Methane Regs June 8). The new regs will go into effect in August. But here’s the thing. These onerous regulations apply only to *new* and not *existing* sources of methane emissions. Now that the revised regs are about to go into effect for new sources, right on cue Big Green groups are pressuring Wolf to apply them to existing sources too. That was, of course, the intention all along–to hamstring (and shut down) the Marcellus industry by saddling it with insanely high costs to comply with regulations that won’t do a thing to “save the planet” from methane poisoning. A classic “bait and switch” routine…
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