Statewide PA

Anti-Drilling/Fossil Fuel | Industrywide Issues | Litigation | Pennsylvania | Regulation | Statewide PA

Federal Court Tosses Out Lawsuit by Dr. in PA Act 13 Law – Again
March 19, 2015March 19, 2015

The end of a loooong chapter in lawsuits over Pennsylvania’s Act 13 drilling law came earlier this week when a federal appeals court ruled that no, Dr. Alfonso Rodriguez, a nephrologist from Dallas in Luzerne County, PA does NOT have “standing” to claim Act 13 applies some sort of medical “gag rule” that doesn’t allow doctors access to information they need to treat their patients. Dr. Rodriguez, along with seven selfish towns, sued to overturn Act 13. The towns didn’t like being told they couldn’t zone drilling out of existence within their borders, and the doctor didn’t like being told he couldn’t blab drillers’ trade secrets all over the place. So it went to PA’s Supreme Court and they ruled in favor of the towns, but sent parts of the lawsuit back to a lower court, including the doctor’s portion (see Act 13 Goes Back to Lower Court, Disturbing Comments from Judge). The case has now been tossed out no less than three times in federal court. Hopefully this third time is the charm…
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Anti-Drilling/Fossil Fuel | Energy Services | Industrywide Issues | Litigation | Pennsylvania | Pipelines | Statewide PA | Transco | Williams

Dela. Riverkeeper Leidy Lawsuit Costing Williams $125K per Day
March 19, 2015March 19, 2015

The clock is ticking. As we told you on Monday, THE Delaware Riverkeeper–Maya van Rossum–is using her bags of money from the William Penn Foundation to try and stop the FERC-approved expansion of the Transco pipeline in northeastern Pennsylvania (see Dela. Riverkeeper Halts Transco Pipeline Upgrade with Lawsuit). The project, known as the Leidy Southeast expansion project, would add new pipeline next to existing pipeline–called looping. Williams (owner of the Transco) can only cut trees down along the path it needs to clear until April 1st. After that, they must wait until Nov. 1st to begin cutting again in order to avoid cutting down trees that may (or may not) become roosting spots for the endangered Indiana bat. van Rossum & company have gotten a sympathetic judge in D.C. to halt the tree cutting while he reviews her latest frivolous lawsuit. She’s trying to run the clock down. The D.C. Circuit Court of Appeals was supposed to rule earlier this week. They didn’t. Every day they delay is costing Williams $125,000. We sincerely hope Williams sends that bill to van Rossum once the tree cutting begins again…
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Anti-Drilling/Fossil Fuel | Industrywide Issues | Pennsylvania | Pipelines | Regulation | Statewide PA

Chutzpah: Dela. Riverkeeper Takes Credit for Pushing DRBC Around
March 19, 2015March 19, 2015

As part of a story about THE Delaware Riverkeeper’s frivolous lawsuits to stop both the Leidy Southeast pipeline project and the PennEast pipeline project, an article quotes Maya van Rossum, head of Delaware Riverkeeper, claiming that SHE is the reason the Delaware River Basin Commission now puts all pipeline projects under a microscope. That’s real chutzpah. The DRBC quickly denounced van Rossum’s bunkum and said their standards for evaluating pipeline projects haven’t changed…
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Indiana County | Industrywide Issues | Pennsylvania | Regulation | Statewide PA | Wastewater

Change in PA DEP Tone Toward Marcellus Industry Noticeable
March 19, 2015March 19, 2015

The newly reconstituted Pennsylvania Dept. of Environmental Protection has taken on a decidedly more antagonist tone with the Marcellus drilling industry, unfortunately. You can detect this new tone, no doubt fostered by its new Acting Secretary, John Quigley (formerly from the anti-drilling PennFuture), in its press releases. Like the one below. The story is that there is a coal refuse site in Indiana County, PA used to process and store waste from coal mining. Close to that site is a wastewater impoundment where leachate (nasty water coming from the coal refuse site) was collected and stored, creating a somewhat toxic sludge under the impoundment. In addition, some shale drilling wastewater was stored in that same impoundment. It appears that most of the environment hazards come from the coal waste leachate, but notice how shale brine is intertwined, mixed in, subsumed and painted with the same toxic brush as the coal waste leachate–as if brine has the same (or worse) toxicity (which it doesn’t)…
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Anti-Drilling/Fossil Fuel | Industrywide Issues | Pennsylvania | Statewide PA

Investigation: Delaware Riverkeeper Violates Non-Profit Charter
March 18, 2015March 18, 2015

Two days ago MDN brought you the story that two Philadelphia-area so-called non-profit organizations–THE Delaware Riverkeeper and the Clean Air Council–are not only interfering in a town on the opposite side of the state, they’ve caused the residents of that town to pay (so far) over $35,000 in legal fees (see Dela. RiverKeeper, Clean Air Council Cost Middlesex Residents $35K+). Our good friend Tom Shepstone from the always-excellent Natural Gas Now website did some digging and has found Delaware Riverkeeper is violating the terms of their non-profit charter by doing what they’re doing in Middlesex–something the IRS should investigate post haste…
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Chesapeake Energy | Energy Companies | Industrywide Issues | Pennsylvania | Regulation | Statewide PA

Kathleen “Wag the Dog” Kane Says Chessy Investigation Almost Done
March 18, 2015March 18, 2015

One of the Democrats’ favorite tactics: When the spotlight is on you because of your own criminal behavior, try to turn it elsewhere. Quick, anywhere! Bill Clinton tried it when he was being dogged by the Monica Lewinsky scandal–he bombed an aspirin factory in the Sudan. It’s called Wag the Dog–as in create a new issue to distract people from the old issue you don’t want them to focus on any more. Apparently Pennsylvania’s Attorney General, Kathleen Kane, is using the same tactic. A grand jury says Kane broke the law herself in her role as AG by committing perjury (see PA Grand Jury Finds Anti-Drilling AG Kathleen Kane Lied Under Oath). Kane is fighting the charge in court by using Bill Clinton’s lawyer attack dog Lanny Davis. Apparently Lanny is now advising Kane to Wag that Dog too. So Kane is saying her investigation of Chesapeake Energy over shorting landowners out of royalties due to them is “almost wrapped up”–which of course has everyone buzzing and forgetting about her own criminal behavior…
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Industrywide Issues | Jobs | Pennsylvania | Statewide PA | Susquehanna County

What’s Wrong with the Employment Picture in the Marcellus? Ageism.
March 17, 2015March 17, 2015

This is not an easy story to write. It’s about employment in the Marcellus Shale industry–and about age discrimination. Until late last year, by all accounts the Marcellus Shale industry was, from a jobs perspective, going great guns. Yes, sometimes it was/is necessary to import workers from other states to handle specialized jobs. But increasingly the jobs have been going to local workers and not out-of-staters. Yesterday we received a heartfelt letter (below) from an MDN subscriber. This gentleman is a mechanical engineer with degrees from Penn State and Lafayette College. He has loads of experience in a variety of areas–engineering, contracting, even running a small business. He wants to get involved with the greatest industry on the planet–the Marcellus Shale energy industry. He can paper every room in his house with the number of resumes and job applications he’s filled out. He’s applied for everything from technician to field hand to roustabout (he’s physically fit). In the last five years that he’s been trying, he hasn’t been called for a single interview. Not one. He’s now 52 years old. We don’t like calling attention to stories like this one, but MDN doesn’t shy away from sharing the “bad news” about our beloved industry along with the overwhelming good news…
Read More “What’s Wrong with the Employment Picture in the Marcellus? Ageism.”
Industrywide Issues | Pennsylvania | Statewide PA | Taxation

Important & Overlooked Details on PA Gov Wolf’s Severance Tax
March 17, 2015March 17, 2015

More details continue to come out about PA Gov. Tom Wolf’s Marcellus-killing severance tax. For example, did you know that towns and counties that previously received money from the impact fee will continue to get money under this tax–but that the amount they get will be capped? Under the existing impact fee the more drilling in an area the more money that area receives to compensate for the drilling (roads that need repairing, beefing up first responders, etc.). No more. Under Wolf’s plan, there is an upper limit on how much money he’s willing to give those locations that actually see drilling. The rest, you see, must go to pay off campaign debts to teachers unions. Another fatal flaw in Wolf’s severance tax: He calculates the tax based on $2.97 per thousand cubic feet sale price, regardless of what the actual sale price is. Do you know what the sale price for natural gas at the Leidy hub was on March 13th? It was $1.435/Mcf–about half of what Wolf is using as the standard rate. That means the effective tax rate for drillers selling gas for $1.435 is twice what it is for drillers selling at Wolf’s magical $2.97. What do you think drillers in northeast PA (near the Leidy hub) will do? That’s right. Shut in their wells and lay down their rigs…
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Anti-Drilling/Fossil Fuel | Industrywide Issues | Litigation | Pennsylvania | Pike County | Regulation | Statewide PA | Wayne County

PA Gov Tom Wolf Supports DRBC Moratorium on Marcellus Drilling
March 17, 2015March 17, 2015

As we’ve stated a number of times, newly-elected PA Gov. Tom Wolf is a major disappointment–a man out of his depth in attempting to run an entire state. Now comes word that Wolf supports the Delaware River Basin Commission’s (DRBC) anti-drilling policies that prevent drilling in his own state. We previously told you Wolf had employed the former anti-drilling head of the DRBC as a member of his transition team (see PA Gov-Elect Wolf Transition Team Includes DRBC’s Carol Collier). Two weeks ago, Wolf proposed increasing the DRBC’s budget by 73%, while states like New York and New Jersey continue to refuse paying their fair share (see PA Gov Wolf Increases DRBC Funding by 73% to 3/4 Million Bucks). Now he adds insult to injury by saying he supports the drilling ban in Wayne and Pike counties in his own state…
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Economic Impact | Energy Services | Industrywide Issues | Lancaster County | Lebanon County | Pennsylvania | Pipelines | Research | Statewide PA | Transco | Williams

Atlantic Sunrise Will Pump $1.6B into Economy, Create 8K Jobs
March 17, 2015March 17, 2015

Williams pushed out a new economic analysis of their Atlantic Sunrise pipeline project yesterday. The project, if built, will cost $2.1 billion and consist of compression and looping of the Transco Leidy Line in Pennsylvania along with a greenfield pipeline segment, called the Central Penn Line, connecting the northeastern Marcellus producing region to the Transco mainline near Station 195 in southeastern Pennsylvania. Additional existing Transco facilities are being added or modified to allow gas to flow bi-directionally. The preliminary project design includes 178 miles of new greenfield pipe (Central Penn North & Central Penn South), two pipeline loops totaling about 12 miles (Chapman Loop, Unity Loop), 2.5 miles of existing pipeline replacement, two new compressor facilities in PA, and other facility additions or modifications in five states (PA, MD, VA, NC, SC). There’s been some push back by small groups of anti-drillers in places like Lebanon County and Lancaster County (PA) where a phony Indian tribe claims the pipeline will run through ancient burial grounds (see Convicted Lancaster Protesters Taunt Williams After Court Date). Meanwhile, the adults at Williams continue to make progress. The analysis they released yesterday shows the Atlantic Sunrise project will pump $1.6 billion into the economies of the states where it’s built, and create 8,000 jobs…
Read More “Atlantic Sunrise Will Pump $1.6B into Economy, Create 8K Jobs”
Anti-Drilling/Fossil Fuel | Energy Services | Industrywide Issues | Litigation | Luzerne County | Pennsylvania | Pipelines | Regulation | Statewide PA | Transco | Williams

Dela. Riverkeeper Halts Transco Pipeline Upgrade with Lawsuit
March 16, 2015March 16, 2015

Someone needs to sue THE Delaware Riverkeeper (Maya van Rossum) the way that organization is suing legitimate and legal companies to block legitimate and legal activity in the Marcellus Shale. Delaware Riverkeeper apparently has endless bags of money, made available to them by the Park Foundation, Heinz Endowments and other anti-drilling “non-profit” groups, to file endless frivolous lawsuits. The latest is particularly insidious. Williams has just received approval from the Federal Energy Regulatory Commission (FERC) to build a few loops–extra lengths of pipeline immediately next to existing pipeline–for the Transco Pipeline in northeast PA and in NJ (see FERC Approves Williams Leidy Southeast Project in PA/NJ). Part of the requirement by FERC is that Williams cannot cut down trees between April and October–a full seven months–to avoid “harming” the endangered Indiana bat that may (or may not) roost in those trees…
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Chesapeake Energy | Energy Companies | Industrywide Issues | Lease & Royalty Payments | Litigation | Pennsylvania | Statewide PA

Chesapeake’s PA Royalty Settlement Affects Some, Not All Landowners
March 16, 2015March 16, 2015

In December MDN told you about a settlement between “several thousand” Pennsylvania landowners and Chesapeake over the royalty issue–Chessy deducting post-production payments by pipeline companies in what some call a scam that leaves landowners signed with Chesapeake receiving royalty checks that are pennies on the dollar compared to what they should receive. The new settlement for those “several thousand” would be 2/3 of $11 million, after the lawyers get their 1/3 cut (see Chesapeake & PA Landowners Settle Royalty Lawsuit…Again). However, not all PA landowners leased with Chesapeake are happy about it. Two other, separate lawsuits against Chesapeake are proceeding and, according to attorneys, the settlement will not affect these separate lawsuits which are proceeding, unless the leases have a “market enhancement” clause…
Read More “Chesapeake’s PA Royalty Settlement Affects Some, Not All Landowners”
Crime | Industrywide Issues | Pennsylvania | Regulation | Statewide PA

PA’s Anti-Drilling Attorney General Kane Can’t Keep a Press Secretary
March 16, 2015March 16, 2015

Rats fleeing a sinking ship? (Oops…Did we just say that with our out-loud voice??) It seems PA’s anti-drilling and law-breaking Attorney General Kathleen Kane can’t keep a press secretary. Kane, you may recall, is using Lanny Davis, lawyer for Bill “BJ in the Oval Office” Clinton who lied under oath (called perjury, a crime) to defend her. Davis was able to help Clinton keep his job as president, largely by smearing the special prosecutor in the case, Ken Starr. Kane figures Davis may be able to help her keep her job as PA’s AG, even though a grand jury found her to have broken the law and violated the oath of her office (see PA Grand Jury Finds Anti-Drilling AG Kathleen Kane Lied Under Oath). It’s interesting to watch the people around Kane, like those that have to face the press every day and lie for her. They just keep leaving. The latest one was there only two months…
Read More “PA’s Anti-Drilling Attorney General Kane Can’t Keep a Press Secretary”
Energy Companies | Energy Services | Industrywide Issues | Litigation | Minuteman Environmental Services | Pennsylvania | Regulation | Statewide PA | XTO

PA Grand Jury Finds Anti-Drilling AG Kathleen Kane Lied Under Oath
March 13, 2015March 13, 2015

Kathleen Kane, the anti-drilling Attorney General of Pennsylvania–lied under oath–according to a PA grand jury. That’s called perjury and it’s a crime. She should be removed from office immediately but she’s fighting the charge using Lanny Davis–the same lawyer who kept Bill Clinton in office after he lied under oath. She’s hoping lightening will strike twice and Davis will be able to restore her damaged-beyond-repair credibility as the state’s top law enforcement officer, even though she herself has committed high crimes against the state. Why do we care? Because she’s lied in at least two other cases that affect the Marcellus Shale industry: XTO Energy (see PA AG Abuses Her Authority, Files Criminal Charges Against XTO) and Minuteman Environmental Services (see Minuteman Sues AG Kane’s Office for $20M + Punitive Damages). She’s vicious and relentless when it comes to smearing the Marcellus industry and she needs to go because of her own crimes…
Read More “PA Grand Jury Finds Anti-Drilling AG Kathleen Kane Lied Under Oath”
Industrywide Issues | Pennsylvania | Regulation | Statewide PA | Taxation

PA Gov Wolf: Forget Burning Natgas, Make PVC Pipe Instead
March 12, 2015March 12, 2015

A question and answer session with PA Gov. Tom Wolf at the Harrisburg Patriot-News reveals a lot about his attitude and thinking with regard to the Marcellus Shale industry. Hinting at his previous statement that if the industry doesn’t agree to his tax he’ll ban them (see PA Gov Wolf Turns Bully, Threatens Ban on Drilling Absent New Tax), Wolf, in answering a question about the drilling industry and how it conducts itself said the industry will “do this [Marcellus drilling] right or we can’t do it at all.” He failed to define what he means by doing it right. Wolf also said that while he’s in favor of extracting Marcellus Shale gas, he (fantastically) thinks it’s a waste to burn it! Instead, HE wants to use it to make things, like artificial wood for decks and PVC for pipes. He’s more interested in solar and wind than he is natural gas (must be John Hanger’s influence). What a mess this man’s thinking is on one of PA’s most important natural resources. He’s going to screw it up if he continues on this dangerously naive course…
Read More “PA Gov Wolf: Forget Burning Natgas, Make PVC Pipe Instead”
Industrywide Issues | Pennsylvania | Statewide PA | Taxation

PIOGA Leads the Charge to Defeat Wolf’s Severance Tax
March 12, 2015March 12, 2015

Louis D. D’Amico, President & Executive Director of the Pennsylvania Independent Oil & Gas Association (PIOGA), is leading the effort to defeat PA Gov. Tom Wolf’s Marcellus-killing, 7.5% severance tax. While virtually everyone else looked away in embarrassment and otherwise ignored Wolf’s threat that you either take this tax like a man or you’ll get banned “like New York,” Lou D’Amico is not looking away and not pretending Wolf never said it. Wolf did say it and he meant it–and he must be stopped. Below is an excellent column Lou recently wrote in which he parses the governor’s comments and offers the industry’s response–setting the record straight. By the way, Lou will be the Guest of Honor at this year’s Oil & Gas Awards event in Pittsburgh on March 25…
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