Statewide PA

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    Study Confirms PA Enviro Laws ARE More Strict Than Federal Laws

    In April, the Pennsylvania Joint State Government Commission released a report (full copy below) tackling the question of whether or not PA’s environmental laws and regulations are more stringent than federal requirements. The report compared the main state and federal laws in place covering clean air, clean water, natural resources, waste management and more. The report says PA’s laws, “are generally no more stringent than their federal counterparts.” But in the same paragraph, the report says, “Where additional regulations have been made, it is generally justified as a compelling and articulable Pennsylvania interest and addresses definable public health, safety or environmental risks. The area of greatest deviation involves differences between the federal Clean Water Act and the Clean Streams Law. Other more stringent regulations are found in the areas of safe drinking water, the handling of hazardous materials, and mineral extraction. In some instances, Pennsylvania regulations build upon and supplement federal law; in others, Pennsylvania has acted in areas not regulated by the federal government” (pg 6). What does that say to you? It says to us: “Heck yeah, the enviro laws in PA are a lot more strict than federal laws, but there’s good reasons (according to the authors of the report) for it.” Are there good reasons for PA raising the bar higher than the federal government requires?…
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    PA Dem Senator from Philly Intros Bill to Steal Marcellus Money

    PA State Sen. Vincent Hughes

    Pennsylvania State Sen. Vincent Hughes from Philadelphia is in the back pocket of Big Education. And why not? Hughes has received $635,000+ from Big Education unions over the years. Therefore, Hughes does their bidding, since they pay him to. We previously told you about Hughes attacking the Marcellus industry with slanders, slurs and outright lies in an attempt to paint the industry as greedy because they have resisted a severance tax on top of an existing impact tax (see PA Senator from Philly Slanders Marcellus, Accepts $635K in Union $). Hughes is at it again. He’s just introduced a bill, Senate Bill (SB) 777, that allows the close-to-bankrupt Philadelphia school system to borrow a MASSIVE $5 billion, with a promise to raid Marcellus drillers via an obscene severance tax (on top of the existing impact tax) to pay back the $5 billion. This is what passes for smart around Philly. We suspect Hughes himself is a product of Philly’s failed education system…
    Read More “PA Dem Senator from Philly Intros Bill to Steal Marcellus Money”

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    PA Agency Seeks to Force Drillers to Hire from State-Approved List

    How do you prove you aren’t biased, racist, chauvinist, etc.? That is, how can you prove a negative? You can’t. But that doesn’t stop the radical left from trying to make you do it. Here’s another question: Where do you think The Almighty State forces companies to hire people from a state-approved list? In Russia? China? Perhaps Cuba? Nope. How about Pennsylvania. The Pennsylvania Department of General Services (DGS) wants to force down the throats of shale companies working in the state a requirement that they hire people who DGS, a dunderheaded government agency, says they should hire–or else. Or else what? Or else those companies get “audited” and found in violation and fined out the wazoo. DGS continues to beg state lawmakers to allow it to audit natural gas companies’ efforts to hire businesses owned by women, minorities and veterans. This is nothing new. DGS, and the antis who are stoking this effort, have been agitating for a Communist crackdown on shale hiring since 2012…
    Read More “PA Agency Seeks to Force Drillers to Hire from State-Approved List”

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    Desperate Riverkeeper Files Multiple Lawsuits re PennEast Pipe

    Knowing that the PennEast Pipeline project is about to become reality, a very desperate THE Delaware Riverkeeper (aka Maya van Rossum) has launched a major legal attack against the project–using Big Green money. These are not the first legal filings by Riverkeeper against PennEast. The current strategy appears to be “bury them in legal horse manure.” PennEast Pipeline is a 120-mile pipeline from near Wilkes-Barre, PA to near Trenton, NJ. The planned route passes through Luzerne, Carbon, Northampton, and Bucks counties in PA, and through Mercer and Hunterdon counties in NJ. The pipeline is needed to move PA’s abundant Marcellus gas to markets in NJ. The first “legal maneuver” by Riverkeeper this week was to file a petition for a “Writ of Mandamus” in the D.C. Circuit Court of Appeals, asking the court to force the Federal Energy Regulatory Commission (FERC) to respond to Riverkeeper’s rehearing request on the PennEast project. At the same time, Riverkeeper filed a “Petition for Review” with the D.C. Circuit Court of appeals challenging all of FERC’s orders related to PennEast. It is a full, frontal legal attack by a small organization fronting for other groups like the William Penn Foundation. The question is, will Riverkeeper’s latest attack work?…
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    Unease Over PA Rule of Capture Case Spreads Nationwide

    This much is clear: The “Briggs” court decision in Pennsylvania cannot stand as it is without threatening to end the shale miracle, certainly in Pennsylvania, and perhaps across the country. Some believe we’re making too much of the Briggs decision recently handed down by two judges sitting on PA’s Superior Court (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 them voted to overturn the lower court decision in favor of Southwestern and sent the case back to a lower court where the landowners (the Briggs) now have to prove Southwestern trespassed and work out how much gas they believe was “taken.” Southwestern has asked the full Superior Court–all 20 judges–to hear the case again. No word yet on whether that will happen. We have, from the beginning, considered the Briggs decision to be an existential threat to the Marcellus industry in PA. In a recent Bloomberg article, some experts believe the threat has the potential to spread beyond PA. Below we explain how might happen, and provide some historical perspective on the rule of capture…
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    PA Ethics Commission Persecutes Wolf Aide Favorable to NatGas

    Yesenia Bane

    You know we’re not fans of PA Gov. Wolf and his administration. We think he’s been a disaster for the state, in many ways. However, a member of his administration, Yesenia Bane (deputy chief of staff), has been unfairly targeted simply because her husband worked for a firm that did business with the Marcellus industry, and because she herself (with abundant knowledge of the industry) assisted Wolf by attending industry-sponsored events. Bane had the nerve to represent Wolf to the industry, attending events to act as liaison, learning about industry concerns, and conveying Wolf’s thoughts to the industry. And for that she’s accused of crossing an ethical line–accused by a radical Big Green supporter from the Philly area by the name of Caroline Hughes–a woman whose connections to Big Green should be investigated. Hughes filed a complaint with the Pennsylvania State Ethics Commission against Bane late last year (see Antis Target PA Gov Wolf Aide as Payback, Husband Works for EQT). The complaint is a ginned up allegation that Bane “was regularly involved in meetings and travel related to her husband’s natural gas industry clients.” The so-called evidence comes from a copy of Bane’s travel schedule in 2016, obtained by Big Green mouthpiece StateImpact Pennsylvania. The new news is that the Ethics Commission has launched a full-blown investigation–we call it a persecution–of Bane, for simply doing her job…
    Read More “PA Ethics Commission Persecutes Wolf Aide Favorable to NatGas”

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    M-U Region Adding 43% of All New Gas-Fired Electric in 2018

    Yesterday the U.S. Energy Information Administration (EIA) issued a report saying it predicts 32 gigawatts (GW) of new electric generating capacity to come online this year, in 2018. Of that 32 GW, 21 GW (or 66%) will come from new natural gas-fired plants. And of that 21 GW of new gas-fired generation, Pennsylvania alone will generate 5.2 GW, and Maryland and Virginia will each generate 1.9 GW. Put another way, 9 GW out of 21 GW (or 43%) of all new demand for natural gas for power plants is happening right here in the Marcellus/Utica region. As we have observed on many occasions, power generation is a very important source of new demand for abundant and cheap Marcellus/Utica gas…
    Read More “M-U Region Adding 43% of All New Gas-Fired Electric in 2018”

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    PennEnvironment Wants Fossil Fuel-Powered (i.e. Electric) Buses

    Last Thursday the radical Big Green group PennEnvironment released a “study” that claims PA should move to adopt electric buses, instead of all other alternatives (like compressed natural gas) because electric buses are (supposedly) more environmentally friendly. We understand the argument about replacing diesel-powered engines to lower the amount of nasty stuff that enters the air. But PennEnvironment’s argument to use electric buses is as much about reducing mythical global warming as it is reducing diesel emissions. And here’s the thing PennEnvironment doesn’t tell you (and what their Big Green supporters are too dull to figure out themselves): electricity comes from somewhere. It’s not magic. It’s produced. In PA, as of January 2018, 54% of all electricity is produced either by coal or natural gas-fired plants. Another 40% is produced by nuclear plants. How much electricity is produced in PA by all those gigantic windmills you see when sailing down the Pennsylvania Turnpike, along with solar? A measly 2.9%. So how “clean” are electric buses, really? Put another way, the majority of what powers electric buses is good old fossil fuels. Does PennEnvironment know they’re advocating for more fossil fuel use? Meanwhile, the Wolf administration (surprisingly) continues to invest in CNG buses, which is the smart thing to do…
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    Sunoco’s ME1 Pipe Restarts, ME2 Pipe Pays Another $355K in Fines

    On March 3, the Mariner East 1 (ME1) natural gas liquids (NGL) pipeline was suddenly switched off by order of the Pennsylvania Public Utility Commission (PUC) after a sinkhole opened up under the pipeline in Chester County, exposing some of the bare steel to the open air (see PA PUC Shuts Down Mariner 1 Pipeline Due to Mariner 2 Sinkhole). Sunoco Logistics Partners, the owner of ME1, is building a new set of pipelines called Mariner East 2 (ME2) close to the existing ME1 pipeline. Construction work in the area on ME2 led to the sinkhole that exposed ME1. The PUC asked Sunoco to drill holes and pour concrete in them to firm up ME1, which Sunoco did (see PA PUC Asks Sunoco to Drill Holes, Pour Concrete to Firm Up ME1). A full two months after ordering ME1 turned off, costing Sunoco (and Range Resources) millions of dollars in lost revenue, the PUC told Sunoco they could restart ME1. As of today, propane and ethane have resumed flowing through ME1. But what The Almighty State grants with one hand, it takes away with the other. Although Sunoco paid a massive $12.6 million fine in February to the Dept. of Environmental Protection related to ME2 construction misadventures (see Sunoco LP Pays PA DEP $12.6M to Resume ME2 Pipeline Construction), yesterday the DEP assessed Sunoco *another* $355,622 penalty for more ME2 misadventures–what DEP calls “violations of the Clean Streams Law”…
    Read More “Sunoco’s ME1 Pipe Restarts, ME2 Pipe Pays Another $355K in Fines”

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    Shale Industry Outlines Case Against Latest PA Severance Tax Plan

    As we reported earlier this week, Pennsylvania Gov. Tom Wolf, who has been lauded as the most liberal governor in America, once again pushed for a Marcellus-killing severance tax (see Broken Record: Wolf, Dems & RINOs Float 4% Severance Tax). Since Wolf stood flanked by two Republican and two Democrat lawmakers earlier this week in announcing a pair of new severance tax bills, mainstream media has continuously run the headline of a “bipartisan” effort. What they don’t tell you is that the two RINOs who stood with Wolf are just about the only ones who support this lunacy. As must happen with each renewed effort by Wolf to steal money from the industry to hand it over to teacher unions in Philadelphia (which IS the purpose of the severance tax, we are not engaging in hyperbole), the industry must launch a counter-offensive. The shale industry, in remaining vigilant, has published a number of comments and columns to set the record straight. We must tell the truth about Wolf’s proposed severance tax. Stepping up the plate to do so is the Marcellus Shale Coalition (MSC), the Pennsylvania Independent Oil & Gas Association (PIOGA), and the American Petroleum Institute of PA (API-PA). Here, in their own words, is the response to Wolf’s “four year bad idea”…
    Read More “Shale Industry Outlines Case Against Latest PA Severance Tax Plan”

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    Another Look at “Rule of Capture” Case that Threatens PA Marcellus

    MDN brought you important news in April that the 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. Southwestern, following the decision, petitioned the Superior Court to have all of the sitting justices (called en banc) hear the case (see Southwestern Appeals “Trespass” Case to Entire PA Superior Court). No word yet on whether the Superiors will do it. In the meantime, we spotted an article by the ace lawyers at the Blank Rome law firm discussing the case and its implications. We can’t stress enough just how critical this case is to the future of drilling in Pennsylvania, which is why we bring you the following…
    Read More “Another Look at “Rule of Capture” Case that Threatens PA Marcellus”

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    New Bills Limit PA DEP Permit Appeals, Reduce Enviro Judge Terms

    As we reported yesterday, Big Green radicals in Pennsylvania are grumpy that the PA House passed five bills meant to fix the dysfunctional PA Dept. of Environmental Protection (see PA House Passes 5 Bills to Fix Broken DEP, Environuts React). Conservative Republicans in the House continue to play offense (which we love). On Monday of this week, PA Sen. Camera Bartolotta (R-Washington) sent around a memo to fellow House members asking them to co-sponsor two new bills she plans introduce. The first bill will narrow the grounds on which a DEP-issued permit may be appealed. Antis love to file endless appeals of permits for drilling and pipelines, dragging out the process in hopes of eventually defeating a given project. The first bill will fix that. The second bill reduces the terms of sitting Environmental Hearing Board judges. If a judge has been on the bench for 10 or more years, their term will expire and they will not get a chance to continue. The second bill is aimed at draining the EHB swamp (pun intended). Both bills are common sense measures, and of course, Big Green radicals are already howling at the moon because of them…
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    Antis Weaponize PA Enviro Rights Amendment in Effort to Kill Shale

    AR-15 rifle

    The Pennsylvania Environmental Rights Amendment (ERA), passed by the good citizens of PA in 1971, is a poorly worded piece of legislation with good intentions, adopted in a hurry in response to a disaster. Like all legislation that’s hurried and adopted in response to disasters (natural or man-made), the ERA is deeply flawed. Antis are now using the ERA as a bludgeon–perhaps a better analogy is more like an AR-15 semi-automatic rifle–in their attempt to assassinate the Marcellus Shale industry. Unfortunately, they are having some success in the PA court system. The ERA laid dormant after its adoption until an awful PA Supreme Court decision in 2013 breathed new life into it for antis (see Ongoing Fallout from PA Supreme Court’s Wrong Act 13 Decision). Since that time, antis have sued drillers and pipeline companies a number of times, citing the ERA, and in some cases winning (see PA Anti Strategy: Weaponize Recent Court Ruling Against Shale Dev). Emboldened by these wins, “Article 1, Section 27” as the ERA is known, is being employed in more places, even (especially) outside the court room…
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    PA House Passes 5 Bills to Fix Broken DEP, Environuts React

    In March the Pennsylvania House State Government Committee debated and voted to approve a slate of five bills aimed at fixing not only the slowmo way the state Dept. of Environmental Protection (DEP) approves shale permits, but also roll back some of the egregious regulatory overreach that now exists in PA (see PA House Committee Approves 5 “Fix DEP” Bills – What’s Next?). The vote to report the bills out of committee was along party lines, with zero liberal Democrats voting in favor of fixing the DEP. In a move that has alarmed and angered Big Green and its supporters, all five bills were voted on by the full House yesterday–and all five passed! Once again, not a single Democrat voted to fix the DEP. What happens now?…
    Read More “PA House Passes 5 Bills to Fix Broken DEP, Environuts React”

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    Broken Record: Wolf, Dems & RINOs Float 4% Severance Tax

    Every year it’s the same thing from “America’s most liberal governor,” PA’s Gov. Tom Wolf: propose a severance tax on natural gas production, a tax in addition to the existing impact tax (which is already the equivalent of a severance tax), and demagogue the issue in hopes of shaming/pressuring/bullying Republicans into passing such a tax. When/if such a tax is passed, give every last dime of it to teachers unions in the Philadelphia area–the people who elected Wolf to office. That’s been Wolf’s modus operandi since he assumed office. And it has just happened again, for the fourth time. Wolf, along with two liberal Democrats and two Republicans in Name Only (RINOs, from the Philly area) gathered yesterday to announce new severance bills introduced in both the PA House and Senate that will slap a Marcellus-killing 4% tax on shale production, on top of the existing ~4% impact tax. Here we go again…
    Read More “Broken Record: Wolf, Dems & RINOs Float 4% Severance Tax”

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    PA Court Rules ME2 Pipe has Power of Eminent Domain, Period

    One of the ways anti-fossil fuel groups have tried to stop the Mariner East 2 Pipeline project is by tying it up in court. Various lawsuits have been filed going back years (see our list of lawsuit stories here). One litigant, a Big Green group headquartered in Philadelphia, the so-called Clean Air Council, has tried repeatedly to get the courts to deny ME2 the right to use eminent domain in cases where landowners refuse to cooperate (see Clean Air Council’s Strange War Against Mariner East Pipeline). CAC argued that ME2 is not a “public utility” and therefore not entitled to the use of eminent domain. That argument flamed out. They also argued since ME2 crosses a state boundary–into a small part of Ohio–it’s not an intrastate but interstate project and should be subject to the Federal Energy Regulatory Commission (FERC) instead of the PA state Public Utility Commission (PUC). That argument bombed too. CAC then argued ME2 is using a public taking for a private enterprise (not for the public good). Also tossed out. A court case that began in 2015 made its way to the PA Commonwealth Court and yesterday the Commonwealth Court finally shut down the CAC’s long-running lawsuit once and for all, denying their wild claims…
    Read More “PA Court Rules ME2 Pipe has Power of Eminent Domain, Period”