Statewide PA

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    PA Superior Court Rules on 2nd Important Surface/Mineral Rights Case

    We have a second important Pennsylvania Superior Court case decision to bring you in less than a month. Last month we told you about Wright v. Misty Mountain Farm LLC, a case with implications for all land and mineral rights owners in PA (see PA Superior Court Rules on Important Surface/Mineral Rights Case). Another case decided Nov. 6, Northern Forests II, Inc. v. Keta Realty Company, also has big implications for rights owners. In the Northern Forests case (full copy below), the surface rights owner (Northern Forests) claimed they should also own the subsurface rights due to a legal principal called adverse possession. In reviewing the case, a PA trial court found the original case from 1989 awarding Northern Forests the mineral rights, was in error–the rights revert back to the original rights owners. PA Superior Court agreed and upheld the decision. Here’s the low down from legal beagles at McGuireWoods, the attorneys for Keta Realty, the winner in the case…
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    Sunoco LP Fined $59K for Fixing Pipe Running Thru 7 Swamps

    Talk about damned if you do, damned if you don’t… Sunoco Logistics Partners needed to do maintenance (i.e. fix things) along the Mariner East 1 pipeline–an 80 year-old petroleum pipeline repurposed to flow natural gas liquids (NGLs). Some of the places where they need to fix it, the pipeline runs underground beneath a number of swamps–smelly, stagnant water where mosquitoes with West Nile virus breed. Today swamps are called “wetlands.” Go figure. Because Sunoco didn’t get a “Mother May I?” permit from the PA Dept. of Environmental Protection (DEP) before fixing the pipeline in seven swamps, the DEP has fined the company $59,000. No doubt if Sunoco had waited for permits issued in triplicate and didn’t fix the pipeline, something would have spilled and there would have been an even bigger fine (and lawsuit) for that! A real no-win situation…
    Read More “Sunoco LP Fined $59K for Fixing Pipe Running Thru 7 Swamps”

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    Wolf Says You’ll Love the Budget Deal; Repubs Say, What Deal?

    Yet another mass delusion campaign has begun to convince Pennsylvanians that what just happened didn’t happen. And what just happened? Newly-elected neophyte Gov. Tom Wolf didn’t get anything important he wanted in the budget deal that’s quickly taking form–except for getting the second highest sales tax rate in the country. That he got, and he’s trying to spin that as a big positive. What is Wolf, and a sycophantic, servile mainstream media, saying? “He hung tough. He didn’t get everything, but by gaw he got a lot of it and it’s all good for the state. Yeah he didn’t get a Marcellus severance tax, but pay no attention to the man behind the curtain! Wolf got all this other great stuff for the teachers’ unions to pay them back for supporting him and everybody loves Wolf. You’re gonna love it–just you wait and see.” That about sums up the tone and style of “reporting” on the deal. Meanwhile, some rather honest Republicans from the Altoona area are saying, (1) the budget deal is most certainly not done yet, (2) schools are a never-ending sinkhole for money–they want more money in good times and bad, and (3) if the state had implemented a severance tax, it would have finished off the Marcellus industry where drilling is now at a minimum even without the extra tax. Wow, what a breath of fresh air to hear politicians who tell the truth…
    Read More “Wolf Says You’ll Love the Budget Deal; Repubs Say, What Deal?”

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    Noble Energy Axes Another 45 Marcellus Jobs, 180 Jobs Companywide

    cutting jobsPerhaps we now know why Noble Energy VP of exploration, Michael W. Putnam, sold a bunch of company stock last Thursday in what is called “insider selling” (see Noble Energy’s VP of Exploration Sells $224K of Company Stock). Yesterday the company announced it is cutting 45 jobs in the Marcellus Shale–and 180 jobs companywide. Ouch. MDN received the following tip from a subscriber yesterday late morning: “FYI, Noble Energy is in the midst of a possibly major layoff of their Canonsburg office today. 30-50% of the existing staff. This information came to me from friends who work there, one of whom was let go this morning. They knew about the pending layoff last week.” How many will be left working in the PA Marcellus, and how many employees will be left companywide? We have the numbers…
    Read More “Noble Energy Axes Another 45 Marcellus Jobs, 180 Jobs Companywide”

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    PA Gathering Pipeline Draft “Recommendations” from Wolf Task Force

    In May, Gov. Wolf announced the creation of a “Task Force on Pipeline Infrastructure Development” that will add an additional layer of interference by anti-drilling “environmental organizations” on where pipelines can and (preferably, from their viewpoint) can’t be laid (see Disaster on the Horizon: PA Gov Wolf Creates Pipeline Task Force). The Task Force was billed as an “unprecedented collaboration of stakeholders” from government, drillers, midstreamers, and anti-drillers (euphemistically referred to as environmentalists). Wolf and his Dept. of Environmental Protection (DEP) Secretary, John Quigley, appointed 48 members to the task force (see PA Gov Wolf Packs Pipeline Task Force with His Own Minions). The pipeline gang has now held four of six meetings (complete with opposition from Wolf’s kook left-wing fringe, see PA DEP Sec. Quigley Calls Pipeline Protesters “Badly Misinformed”), and some 12 working groups have (yes) done some work. Yesterday the Pipeline Infrastructure Task Force issued a draft report that they plan to officially submit to the governor and the legislature in February 2016. The (gulp) 335-page document contains 184 “recommendations.” Our concern is that recommendations have a way of becoming regulations in the hands of LibDems. Below is a copy of the full draft report along with the DEP press release announcing its release…
    Read More “PA Gathering Pipeline Draft “Recommendations” from Wolf Task Force”

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    Huge Victory for PA Republicans – NO Severance Tax in Budget Deal!

    celebrateIt appears the fat lady is getting ready to sing with respect to no severance tax in Pennsylvania–at least for this year. The Republicans have won–kudos to them for hanging tough against the unreasonable Marcellus severance tax proposed by a neophyte governor attempting to pay off a political debt to teachers’ unions. There will be no new severance tax this year. Wolf has found another way to pay off the teachers–he’s going to siphon slot machine money for a big boost in education funding. The teachers’ unions don’t care–money is green and spends the same whether it comes from shale or slots. While a final deal is not yet done (let’s not count our chickens just yet), it does appear the outline of a budget deal, now more than five months late, is in place and moving toward passage in the next few weeks. Here’s the details…
    Read More “Huge Victory for PA Republicans – NO Severance Tax in Budget Deal!”

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    Environmental “Justice” for Some, Not for All, Courtesy PA DEP

    If you live in Pennsylvania and you live in a community where at least 20% of the people are below the poverty line, or if the community is composed of at least 30% minorities, you now have an important new weapon to oppose shale drilling, courtesy the PennFuture Secretary of the Dept. of Environmental Protection (DEP), John Quigley. Apparently the laws and regulations on the books that apply to everyone else are not good enough for po’ folk or black folk and you need extra special laws and regulations not available to others–so Quigley has “reactivated” the Office of Environmental Justice at the DEP to give you a voice that apparently you had lost. You may recall Quigley recently began talking about “establishing” such a department–only to embarrassingly learn his agency already has such a department (see Quigley Faux Pas: DEP Already has Office of Environmental Justice). With the help of mainstream media, Quigley pivoted to cover his faux pas (see Quigley Changes Story, “Reactivating” Enviro Justice Office at DEP). “Environmental Justice” is now officially reactivated at the DEP, complete with a new hire, an African-American lawyer from (yes) Philadelphia, violating the current state ban on new hiring until a budget is in place. Oh, and if you’re not poor or a minority (i.e. you’re working class or white collar)? No special favoritism for you. You get ordinary/regular environmental “justice”…
    Read More “Environmental “Justice” for Some, Not for All, Courtesy PA DEP”

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    Panel of 7 PA Senators to Determine AG Kathleen Kane’s Fate

    The end is near for accused criminal Kathleen Kane. Kane also happens to be the top law enforcement officer in Pennsylvania–the PA Attorney General. We’ve covered the rapid rise and fall of Kathleen Kane. She’s a hardened anti-driller bent on attacking the Marcellus industry which is why we’re doing a happy dance that she’ll soon be gone. However, the Marcellus industry has nothing to do with her impending removal from office. Kane leaked protected grand jury information to a reporter in an attempt to discredit a political enemy, and then she lied under oath about it–the worst offense anyone who’s a member of the justice system can do. If truth is not sacrosanct in the justice system, it all comes unraveled. You lie under oath and it’s the equivalent of a death sentence–you have no future in the justice system. Kane violated that trust and her oath and the Pennsylvania Supreme Court suspended her license to practice law (see End is Near: PA AG Kane’s Law License Suspended by Supreme Court). Now a panel of Pennsylvania Senators will decide her fate. The special panel is holding a series of public meetings to discuss whether or not she can still do her job without a law license. At the end of November the panel will then vote–and if the vote goes against her it goes to the whole Senate for a vote, and if they vote against her, Kane will be forcibly removed from office…
    Read More “Panel of 7 PA Senators to Determine AG Kathleen Kane’s Fate”

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    Rumor: Gulfport Energy Suspends Some (All?) Ohio Utica Drilling

    rumor-mill.jpgLast week Gulfport Energy released their third quarter 2015 financial and operations results (see today’s companion story). If you read the full update, you notice Gulfport is not taking delivery of a fifth Utica Shale drilling rig in early 2016 as previously planned–which connotes they will continue to operate the four rigs currently in operation now. But therein lies the rub. MDN received a tip last Thursday from a reader that said: “I received word last night that Gulfport Energy is going to suspend operations in Ohio until the END of 1Q 2016. This would also include their service provider company, Stingray, which just had approximately 150 layoffs already. This news should break today once they inform the employees of the ‘layoff’.” MDN has not seen nor heard anything in the news about Gulfport suspending all drilling operations. We did find mention from September that Stingray had filed a WARN notice they would be laying off 47 employees in Pennsylvania and Ohio. We’re not sure what to make of the rumor…
    Read More “Rumor: Gulfport Energy Suspends Some (All?) Ohio Utica Drilling”

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    PA Gov. Wolf Lectures Dem Reporter: Yes I Can Govern, I Can I Can!

    Several weeks ago MDN highlighted a story that the stubborn, obstinate, in-over-his-head Pennsylvania Gov. Tom Wolf can’t govern. That was the title of an article running in Philadelphia Magazine: “No, Tom Wolf Can’t Govern Pennsylvania” (see our story PA Budget/Severance Tax Talks Resume Today – Without Gov. Wolf). Wolf refuses to compromise on a nosebleed shale severance tax, which has held up the state budget since the end of June. The man can’t compromise, and frankly, he can’t govern either. The Philly Magazine article had it right. Like a petulant child, first a Wolf spokesman and then Wolf himself phoned up that reporter to tell him to get his Democrat head screwed on straight and to quit telling the truth…
    Read More “PA Gov. Wolf Lectures Dem Reporter: Yes I Can Govern, I Can I Can!”

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    NEPA State Senator Introduces Bill to Regulate Rural Pipelines

    A northeastern Pennsylvania State Senator, Lisa Baker, has introduced Senate Bill (SB) 1044 that would regulate thousands of miles of gathering pipelines (and compressor stations) that are currently not regulated in PA. The bill, introduced on Oct. 26 and co-sponsored by three other Republicans and two Democrats, is colloquially called the Rural Pennsylvania Pipeline Safety Act. The bill gives the Pennsylvania Public Utility Commission (PUC) the power to regulate rural pipeline operators. The Gas Processors Association is watching it closely and says they will be a part of its development going forward. Below we have a brief overview of the bill, along with a full copy as filed on Oct. 26…
    Read More “NEPA State Senator Introduces Bill to Regulate Rural Pipelines”

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    3 Democrats Win PA Supreme Court Seats – Trouble Ahead for O&G?

    The Marcellus industry can forget about getting a fair hearing by PA’s Supreme Court from here on out. In Tuesday’s election, three liberal Democrats were elected to fill three open seats on the court, the most elected at one time in the past, well, in forever. The court is now stacked against fair trials with a 5-2 majority for Lib Dems. America’s most liberal governor, Tom Wolf (so says non-partisan website InsideGov in an independent survey) didn’t waste any time attempting to use the court victory to pressure the legislature to cave to his radical budget demands. Typical. The Dems outspent the Republicans by three to one–i.e. they purchased the election…
    Read More “3 Democrats Win PA Supreme Court Seats – Trouble Ahead for O&G?”

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    PA Allows Wastewater Pipelines to be Buried – With No Regulations

    A last minute change made to proposed new drilling regulations in Pennsylvania will mean (if adopted) that drillers can bury wastewater pipelines instead of being required to run them on top of the ground. Companies typically use pipelines in areas where it would be disruptive to have multiple truck trips in and out of an area. They’re also used to lower the cost of transporting wastewater (cheaper through a pipeline than by tanker truck). The change came after a letter-writing campaign launched by CONSOL Energy and their joint venture partner Noble Energy. But there’s a bit of controversy over the new standard that permits lines to be buried: the buried wastewater lines aren’t regulated. Not yet anyway…
    Read More “PA Allows Wastewater Pipelines to be Buried – With No Regulations”

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    Philly Enviro-Nazis Attack Dem Councilman for Visiting Drill Site

    geenaziA story in Philadelphia Magazine perfectly illustrates the Nazi-like control freaks that inhabit anti-fossil fuel organizations like Food and Water Watch and the fringe group Action United. Philadelphia City Councilman Curtis Jones Jr. is a bone fide, card-carrying liberal Democrat. In 2011 Jones called for a fracking moratorium in the Delaware River Basin. Since that time Jones has actively advocated for no fracking/drilling in the Philadelphia region. Four years ago the Marcellus Shale Coalition invited Jones (and others) to tour a drilling rig, to see how it’s done. At the time, he declined. It’s always so much easier when you stick your head in…the sand. But Jones is a member of the Philadelphia Gas Commission, the group that oversees the city-owned Philadelphia Gas Works (PGW). A recent audit recommends PGW buy more Marcellus Shale gas (see Expensive Audit Tells PGW to Buy More PA Shale Gas to Save Money). So Jones, being on the Gas Commission responsible for overseeing PGW, felt it would be worthwhile to go ahead and take that rig tour and learn the facts for himself first-hand rather than relying on second-hand opinions. So Jones agreed to attend a tour last Friday. He even allowed his name to be put on the invite to encourage others to “go see for yourselves” just what happens at a drilling rig. And that, dear reader, is anathema to the wackos at groups like Food and Water Watch, the Sierra Club, THE Delaware Riverkeeper, Action United, on and on and on. Actually touring a rig and learning that this activity is safe, and advantageous, and not the environmental holocaust it’s made out to be? That blows their lies right out of the water and they can’t have that. And so Food and Water Watch, along with Action United, attacked one of their own–Curtis Jones–for the simple act of visiting a drill site to see it for himself…
    Read More “Philly Enviro-Nazis Attack Dem Councilman for Visiting Drill Site”

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    Is it Time to Tax Big Pipelines in PA?

    is it time yetAn Associated Press (AP) story appearing in multiple newspapers and in online outlets has returned to the meme of how unfair it is that pipelines in Pennsylvania are not taxed, as they are in other states like New York, Ohio and West Virginia. Perhaps they have a point? No, MDN isn’t going “soft”! We’ve long made the argument that a permanent structure in the ground should benefit landowners beyond a one-time, up-front payment (see the suggestion by Bryant LaTourette made at the Constitution Pipeline scoping hearing in April 2014: Vicariously Attend FERC Scoping Hearing on Constitution Pipeline). The counter to landowners receiving ongoing royalties for pipelines is the argument of electric power lines. They run everywhere over people’s property. You can’t build a structure under or near such lines once they are in place. Yes, they can be taken down/removed (i.e. not “permanent”), but when was the last time that happened? Landowners are not given an ongoing royalty for the electricity flowing through power lines that criss cross their land. Why would you grant an ongoing payment/royalty for a pipeline in the ground if you don’t for a power line above the ground? You see this is a thorny, complex issue. Although individual landowners in states like New York don’t receive an ongoing royalty for pipelines, the pipelines themselves are considered property and pipeline companies are taxed for having them in the ground, giving a community-wide benefit to all residents in a town or village. We’ve remarked before that the property taxes where we live (in NY) have gone DOWN because of a local pipeline. When’s the last time you heard about taxes going down in New York State?! In Pennsylvania, pipelines are NOT taxed, and therefore taxpayers in those communities don’t benefit. That’s the bone of contention…
    Read More “Is it Time to Tax Big Pipelines in PA?”

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    DEP Board Votes to “Not Endorse” Sec. Quigley’s New Drilling Regs

    slap across the faceIn a big metaphorical slap across the face, the Pennsylvania Dept. of Environmental Protection’s Oil and Gas Technical Advisory Board (TAB) has voted to not endorse re-worked drilling regulations proposed by the PennFuture Sec. of the DEP, John Quigley. We told you two days ago the DEP was meeting with TAB to get the group’s rubber stamp of approval (see New Drilling Rules for PA Take One Big Step Closer to Reality). Looks like Quigley’s hand-picked new board members are not yes men (and women) after all. This is the second DEP advisory group packed with Quigley appointees that has rejected his onerous proposed re-worked regulations. Previously the Conventional Oil and Gas Advisory Committee (COGAC) also told Quigley nyet (see PA DEP Sec Quigley’s Own Committee Appointees Turn Against Him). Which means both conventional and now unconventional drilling advisors, appointed by Quigley himself, don’t believe Quigley’s rejiggered regulations are good. Do we see a pattern developing here? Seeing that two boards of experts are telling him there’s a problem, does that mean Quigley will pause and reflect and perhaps consider changing his proposed rules? Are you kidding! Don’t make us laugh. Oh no no no. Quigley plans to ramrod these new regs through as fast as he can regardless…
    Read More “DEP Board Votes to “Not Endorse” Sec. Quigley’s New Drilling Regs”