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Most Important Court Case in PA Shale History Heads to Supremes
This Friday Thursday the justices sitting on the Pennsylvania Supreme Court will hear what we believe is the most important shale gas court case in the history of the state: Briggs v Southwestern Energy. We consider this case to be an existential threat to the future of shale gas drilling in PA should the decision go the wrong way. And no, we’re not exaggerating.
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According to analysis by S&P Global Platts, new drilling permits for shale wells across Pennsylvania have “plummeted” over the past few months–down 14% in July and down 23% in August from the same months a year ago. But, does comparing two months from this year against last year for the entire state really tell the whole story?
Like it or not, landowners are joined at the hip with the shale drillers who produce the natural gas from their land. When “the price” (which is actually a lot of different prices, depending on geography) of natural gas is high, everyone is in tall cotton. But when the price tanks, as it has over the past few months, every suffers. PA landowners are noticing very thin royalty checks. The big bone of contention is when drillers look to share more of their pain with landowners by claiming post-production deductions.
Sunoco Pipeline, a division/part of Energy Transfer, has just been fined (again) for work related to the construction of the Mariner East 2 pipeline project. This time around Sunoco got two fines: One for problems with their work in 2018, to the tune of $240,840, and one for work done back in 2017, to the tune of $78,621. Total bill: $319,461. So far the Mariner East project (ME1, ME2, and ME2X) has incurred over $13 million in fines with over 80 violations.
Pennsylvania antis from the Philadelphia area who don’t want pipelines running through their neighborhoods (NIMBY types) beat the drums of war so loud and for so long, they finally began to intimidate the non-partisan, shouldn’t-be-intimated PA Public Utility Commission (PUC). In June the PUC launched a “major review of its safety regulations for hazardous liquids pipelines” in response to pressure from Mariner East 2 pipeline foes (see 
Researchers from Pennsylvania State University, using a new testing protocol that uses existing, affordable water chemistry tests, have tested 20,751 water well samples from wells located near high levels of both conventional and shale oil and gas drilling in PA. The tests show whether or not existing/naturally occurring methane is in the water well, or whether methane from nearby drilling is present in the water. Know what they found? Out of 20,751 samples, they found 17 wells (0.08%, less than one-tenth of a single percent) showed “possible signs of methane contamination.” Statistically speaking, it’s zero.
To his credit (we don’t often heap praise on him), Pennsylvania Gov. Tom Wolf toured a Mariner East 2 pipeline construction site in Chester County near Philadelphia last Thursday, along with some Democrat politicians, and told anti-pipeline residents “NO” to their faces when they asked him to shut down the Mariner East pipeline system. He was polite, but firm, telling them he disagrees with their position of the need to permanently shut down the Mariner pipelines. “Do a better job” with construction and impacts from the project? Sure, according to Wolf. Shut it all down permanently? NO.
Can it be possible that the shale industry and anti-shale environmentalists (those who irrationally espouse the end of using all fossil fuels) can actually agree on something? Turns out, we can! The something we agree on is opposition to PA Gov. Tom Wolf’s plan to tax a single industry, shale drilling, $4.5 billion in order to use that money for Big Government programs.
In 2006 the Pennsylvania State Legislature passed a bill (signed into law) that protects certain information about pipelines from being divulged via open records requests. It’s all too easy for terrorists (foreign or domestic) to use that information to inflict pain and suffering, even death–or to stop the flows along those pipelines. Good law, good call. But now several PA House members from the Philadelphia area want to pass a new law that would repeal the 2006 law–all in the name of pipeline “transparency.”
CNX Resources has just laid off (i.e. fired) roughly 50 employees company-wide, most of them at company headquarters in Canonsburg. But not all. We heard from an MDN trust source who said at least nine workers got their walking papers in West Virginia. Given the company employs about 500 people, 50 fired represents 10% of the workforce. Question is, will there be more firings?
Some 77 miles of PennEast Pipeline’s $1 billion, 120-mile primarily 36-inch underground pipeline is slated to run through Pennsylvania. The rest runs through New Jersey. In February of this year the PA Dept. of Environmental Protection (DEP) published draft versions of Erosion and Sediment Control Permits for the project. Just one teeny tiny problem: The DEP screwed up the application number in their official posting in the PA Bulletin. So the DEP has just republished their intent to issue the permits–very soon–in the latest PA Bulletin.