Statewide PA

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    Ongoing Fallout from PA Supreme Court’s Wrong Act 13 Decision

    bozo mushroom cloudOne month ago Pennsylvania got the sad news that the state Supreme Court struck down important (and large) sections of the 2012 Act 13 Marcellus Shale drilling law (see PA Supreme Court Rules Against State/Drillers in Act 13 Case). The disappointing aspect of the decision is that Chief Justice Ron Castille, a Republican, joined three Democrats on the bench in deciding to use, for the first time, PA’s Environmental Rights Amendment to create new rights that didn’t exist before (drunk on their own power?). In fact the basis on which Castille made his poor judgment was based on his admitted prejudiced view that drilling and fracking is inherently harmful to the environment–which of course is not the case (see Industry Vet Points Out Error in PA Supreme Court Act 13 Ruling).

    One of the biggest problems with the PA Supreme Court decision is that the four justices agreeing to strike down zoning (and other) provisions in Act 13 could not agree on their reasons for doing so, weakening the decision’s usefulness in future cases. They also sent portions of the original case back to a lower court that, if those decisions go the wrong way, will totally wipe out the Act 13 law, sending PA back to the drilling stone ages again, without important environmental protections provided for under the law. Last week Penn State University law professor Ross Pifer analyzed the high court’s poor decision on a webinar call…
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    New Study: Conventional Gas Wells Produce 3X Wastewater as Shale

    Let’s frame this up so you have a proper understanding for the source of this information: A postdoctoral research associate dude at Duke University (a really smart student) teamed up with another smart student getting her master’s degree in environmental management at Duke, to study how much wastewater is produced by both conventional (or traditional) natural gas wells and unconventional horizontally-drilled shale wells in Pennsylvania. In essence they researched and wrote a term paper on the topic which will be published in the February issue of the journal Water Resources Research (see below). The postdoctoral dude has since left Duke and is now an assistant professor of biogeochemistry at Kent State. Hence, we have a “new study issued by Kent State and Duke University.” We’re not denigrating their accomplishments! Just giving you a proper understanding for how these “studies” are sometimes researched and how they’re reported about in the media.

    Anywho, the research from our two intrepid students shows that overall, because there are so many shale wells in PA, and because it takes a lot more water to frack a shale well than a conventional well, that (surprise!) shale wells produce more wastewater that conventional wells. The interesting aspect of their research–the finding that is worthy of putting their names in academic lights over–is that per unit of gas recovered, shale wells produce only 1/3 as much wastewater as conventional wells. Let’s put this startling discovery another way: If irrational anti-drillers banned all horizontal fracking of shale wells tomorrow in PA (whoops, the PA Democrat Party is trying to do just that!), and we went back to the days of only mining gas by conventional wells, in order to produce as much gas as we now produce today, we would produce three times as much wastewater to get it from conventional wells. We’d also have to sink way more holes in the ground to get it…
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    PA Dem Consultant Lectures Party to Avoid Marcellus Moratorium

    Every now and again the truth pokes through–even in publications like the Philadelphia Inquirer. We read with interest an op-ed in today’s Philly Inquirer that tells the truth about how the Marcellus Shale is responsible for creating 290,000 jobs in Pennsylvania over the past few years–a state with an unemployment rate stuck above 7%. Some 28,000 of those jobs are “core” industry jobs that pay on average $83,000 per year or more. The op-ed says the Marcellus has given Pennsylvania families a reason to be optimistic about their financial future.

    The fascinating thing to MDN is that the op-ed is written by Democrat consultant Mike Butler, current executive director of the Consumer Energy Alliance (Mid-Atlantic section). Mike is a former political consultant for Democrat Bob Casey for U.S. Senate (who sadly won), Dan Onorato for PA governor (who happily lost to Tom Corbett), and on the staff of former Democrat Congressman Jason Altmire. Huh. A Democrat singing the praises of the Marcellus shale, and at the close of his comments he warns the leaders of his party that the statewide moratorium they say they will enact if they regain political power in the state should be “avoided.” We’d use stronger words, but we’re happy to see at least one Democrat in the entire state hasn’t lost all of his marbles…
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    PA’s State Energy Plan: All of the Above…AND Below!

    above and belowPennsylvania Gov. Tom Corbett continues to impress and confound Democrat governor wannabes like John Hanger who seek to replace him. The Dems have been salivating like mad dogs at the prospect of winning back the governor’s chair in November. For them and their mainstream media accomplices (we were going to say media whores, but thought that may be a tad to strong from the family-friendly MDN), it’s a foregone conclusion that Corbett is history…toast…on the way out. But Corbett, long accused of being a “tool” of the drilling industry by jealous Luddites on the anti-drilling side, still has some fight left in him, and he came out swinging earlier this week when he introduced his PA State Energy Plan. In stark contrast to the puffery and flummery offered up by NY Gov. Andrew “the ditherer” Cuomo with his energy plan from a few weeks ago (see NY Releases a Draft (Frackless) State Energy Plan), the PA plan is a breath of fresh air for Pennsylvanians.

    The title of Corbett’s energy plan says it all: Energy = Jobs. In a turn of phrase we absolutely love (taking a jab at the empty PR platitudes from Obama), Corbett’s plan doesn’t pick any winners or losers to support, he supports all options, something he calls an “all of the above — AND below” strategy. Love it! Something else we love about Corbett is his philosophy of government: Corbett says government doesn’t create jobs, private industry does. Government’s job is to protect public health and safety and create an positive atmosphere for job creators. Wow! When was the last time a politician finally “got it”? A politician whose actions back up his words? A politician with guts? That’s Tom Corbett…
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    PA DEP Extends Roadshow for Public Comment on New Drilling Rules

    Roadshow! The Pennsylvania Environmental Quality Board (EQB), a division of the state Dept. of Environmental Protection (DEP), has been in the midst of a 60-day tour, visiting different locations across the state, to elicit public comment on proposed new Marcellus Shale drilling rules called for under the Act 13 law passed in early 2012 (see PA DEP Launches Public Comments on New Drilling Rules, Roadshow).

    Must be the EQB is having fun because they’ve just extended the roadshow for another 30 days. Instead of wrapping up public comments on the proposed new drilling rules by Feb. 12, the new deadline will be Mar. 14. Oh, and they’ve added a couple of more stops to the roadshow tour: Troy and Warren, PA. Here’s the EQB roadshow extension announcement:
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    CSSD Makes Case for Quasi-Regulation of Marcellus Drilling

    Yesterday MDN told you that the Center for Sustainable Shale Development (the CSSD) is back, in a big way (see Center for Sustainable Shale Comes Roaring Back (to Life)). About the time we posted that story, we received a number of announcements from the CSSD. One of those announcements was about a session for the press–to listen to and ask questions of CSSD interim director Andrew Place (from EQT) and former governor and EPA administrator Christine Todd Whitman. MDN dialed in to listen, this is what we heard…
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    Are CSSD’s Standards Really Needed? Comparison with PA/OH/WV/Feds

    The Center for Sustainable Shale Development (CSSD) has a big hurdle to leap–convincing drillers to spend a lot of money and time (up to $50,000 and hundreds of hours) to become CSSD certified–and then ongoing monitoring to keep that certification. They’re using a carrot and stick. The carrot is that if you become certified, you’re elite, you’re “in”, you’re special–and landowners will be able to trust you. You’ll have the “Goodhouskeeping seal of approval” on your drilling because you’ve got the cert. The stick is that if you don’t get certified, you’re suspect, you’re in the “out” crowd, you’re not “one of us” and therefore landowners should be wary of signing a lease to have you drill on their property.

    Beyond the perceptions, the real question is whether or not the standards themselves will achieve what they say they will achieve–safer and “sustainable” drilling that does a minimum amount of damage to the environment while retrieving low-cost, more efficient and better for the environment natural gas. But wait (you may ask), don’t the states and even the feds already have a bookshelf full of standards and regulations drillers must follow? Indeed they do. The CSSD says, in essence, those standards are fine, but our (CSSD) standards are far better. The crux of the CSSD argument is that you should voluntarily (with peer pressure and cajoling) follow our standards because we have PA, OH, WV and even the feds beat on how strict and yummy good for the environment our standards are over theirs. In fact, the CSSD has produced a chart (embedded below) to “prove” it…
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    Center for Sustainable Shale Comes Roaring Back (to Life)

    roaring backFinally, signs of life from the Center for Sustainable Shale Development (CSSD), a new independent certification organization for Marcellus Shale drillers launched with much fanfare in March of last year. Both drillers and environmentalist organizations, along with non-profits like the mostly anti-drilling Heinz Endowments, cooperated to develop a set of 15 standards drillers should meet to receive the CSSD’s official stamp of approval (see Important: Drillers & Enviros Form New Group, Launch Cert Program for MDN’s mixed feelings about the organization and its standards). Heinz Endowments president Bobby Vagt lost his job for promoting the CSSD (see Bobby Vagt Out as Pres of Heinz Endowments – Fracking Connection?).

    Since launching, aside from the Vagt/Heinz flap, all has been quiet with the CSSD. However, the CSSD was busy working behind the scenes. From the beginning, Andrew Place, corporate director of energy and environmental policy for EQT has served as interim director of the CSSD. News reports are now coming fast and furious. First, environmentalist lawyer Susan LeGros from Philadelphia has been named the director of the CSSD. She’ll be making a move to Pittsburgh where CSSD HQ is located. Second, Bureau Veritas (BV) has been selected as the company to audit/evaluate companies that want to spend the $30-$100K required to become certified. After they evaluate, a 3-member panel will decide on whether they get the stamp of approval. Two of those three people are Christy Todd Whitman, former governor of NJ and former EPA chief, and former Treasury Secretary Paul O’Neill. Third, it appears to MDN that no one else has joined the CSSD beyond the initial handful of signups (Shell, EQT, Chevron, CONSOL Energy), and that no one has sought certification–although that may change now that the cert process is up and running…
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    Warning: Marcellus Welders in PA Targets of Copper/Tool Theft

    Welders in the Marcellus Shale should be on the lookout–especially in western PA. There’s been a recent rash of thefts of welder’s tools and supplies–particularly copper welding cable. The thieves are bold–really bold. Sometimes a welding truck is targeted for theft while the guys are inside a restaurant having lunch!

    Here’s the sad, and maddening, story:
    Read More “Warning: Marcellus Welders in PA Targets of Copper/Tool Theft”

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    “Enviro” Groups: Keep Acid Mine Drainage So Drillers Can’t Use It

    How to Be Your Own Selfish PigGet this: Environmentalists (like those at PennEnvironment) hate fossil fuels from shale drilling so much, they would rather have millions of gallons of acid mine drainage pour into creeks and rivers in PA every day rather than let shale drillers use that drainage as a fracking fluid–thereby freeing up fresh water sources and solving one of the state’s most pernicious long-term pollution problems. Anti-drillers can’t stand the idea that drillers might, in any way, be perceived as helping the environment. Talk about selfish pigs.

    The residents in PA should be outraged at the 35 groups listed below, including PennEnvironment, that sent a letter last Thursday to political leaders asking them to abandon support for one of the best ideas to roll around in generations–cleaning up acid mine drainage by using it as a fracking fluid…
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    Reminder: Ben Franklin Shale Gas Contest Deadline is Feb 1

    MDN previously told you about the Ben Franklin Shale Gas Innovation and Commercialization Center’s $100,000 contest (see 2014 Ben Franklin Shale Gas Contest – $100K in Cash Prizes!). A gentle reminder that the Institute’s deadline to apply to receive one of four $25K prizes for an up-and-coming innovator is quickly approaching–February 1st. Here’s more details from the Institute:
    Read More “Reminder: Ben Franklin Shale Gas Contest Deadline is Feb 1”

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    PA Democrat Gov Candidates Support Partial/Full Moratorium

    Last night, eight Democrat candidates participated in a forum in Philadelphia, all of them seeking the Democrat nomination for governor to run this November. Pay close attention: Seven of the eight support a shale drilling moratorium–either statewide or in certain parts of the state. This is profoundly bad news if the good citizens of PA are unwise enough to elect one of them to the governorship.

    If you want a good idea of the calamity that awaits PA in choosing a Democrat governor, House and Senate, PLEASE read (or re-read) MDN contributor Chris Acker’s article here: Guest Post: Pennsylvania Drilling Moratorium – Good or Bad?. Here’s how it played out last night in Philly with regard to Democrat support for a moratorium on shale drilling:
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    PA Dems Lick Their Chops over Chance to Tax Marcellus Drilling

    Sad and tragic is how we would term it. Pennsylvania’s elected Democrats in both the House and Senate are licking their chops, salivating at the chance to get rid of a mostly fair fee/tax on the Marcellus drilling industry–the “impact fee” created under the now largely gutted Act 13–and replace it instead with a harmful, regressive severance tax they can use to endlessly fund their pork barrel projects and frankly, line their own pockets. The Dems are almost like kids at Christmas, jumping up and down can’t wait to open the presents happy over the possibilities…
    Read More “PA Dems Lick Their Chops over Chance to Tax Marcellus Drilling”

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    Industry Vet Points Out Error in PA Supreme Court Act 13 Ruling

    Timothy Merrill, a now-retired resident of western Pennsylvania who worked 40 years as a buyer and marketer in the natural gas industry, wrote a sterling analysis of the Act 13 decision by the PA Supreme Court a few days ago in the Pittsburgh Post-Gazette. In his article, Merrill points out the whopping error upon which Chief Justice Ron Castille (a Republican!) based his decision. Castille states in his decision he believes drilling and fracking are inherently harmful to the environment. Problem is, says Merrill, there’s 60 years of drilling and fracking history in PA that proves just the opposite (something called “evidence,” Mr. Chief Justice). Unfortunately Castille, along with the three anti-drilling Democrats on the high court, have now invented new rights that didn’t exist before–creating bad case law that will have a profound impact for years to come.

    Here’s Merrill’s “what for” article that takes the disappointing Castille to the woodshed for his profound lack of judgment…
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    Philly Inquirer Misidentifies Photo in Act 13 Article

    The decision in December by the Pennsylvania Supreme Court that essentially guts large portions of the Act 13 Marcellus drilling legislation that all of a sudden anti-drillers have started calling Gov. Tom Corbetts “signature legislation” (funny how they never called it that prior to the ruling in December), continues to stir controversy. Gov. Corbett’s administration has filed a motion with the court to have it reconsider parts of their decision and in the meantime has asked drillers to voluntarily obey certain provisions in the law, like drilling at least 300 feet away from certain areas (see Gov Corbett Requests Drillers Continue to Honor Act 13 Setbacks).

    The Philadelphia Inquirer ran an article yesterday with more analysis of the decision and its repercussions. Interestingly, they either mistakenly, or more likely intentionally, ran a huge picture over the article of what appears to be a large crowd of protesters outside of the Philly Convention Center and identified the picture as being from a protest rally “last year.” It was not. How do we know? MDN editor Jim Willis was there–at the Shale Insight event–and there were no protests last year. There were perhaps a half dozen people standing around with signs at one point. The protest rally in the picture was from two years ago (Jim attended the Shale Insight event two years ago too)–which tells you something. The Marcellus protest movement in PA is losing steam–but it seems the Philly Inquirer editors are happy to lie to support their narrative…
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    Guest Post: Pennsylvania Drilling Moratorium – Good or Bad?

    Chris AckerBefore Pennsylvanians head to the polls in November to elect a new governor and new legislators, they may want to consider the consequences of installing Democrats to re-assume power in the state. Specifically, Democrats have vowed to slap an ongoing moratorium–essentially a ban–on Marcellus Shale drilling should they regain control. MDN has been one of the few places in the media to even cover this story, and we’ve called it just what it is: economic insanity (see PA Democrat Party Votes to End Marcellus Shale Drilling Statewide).

    MDN friend and contributor Chris Acker, a Pennsylvania property owner and geological engineer with an MBA, does a deep dive into the issue to explore what would happen should PA slap a moratorium on new shale drilling. Hint: It’s like experiencing someone’s worst nightmare…
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