Statewide WV

Industrywide Issues | Regulation | Statewide WV | West Virginia

2 Bills Favorable to Drillers Advance in WV Senate – SB 508 & 565
February 22, 2016February 22, 2016

Two bills that favor the drilling industry in West Virginia have recently advanced in the WV Senate. One of the bills we previously told you about–Senate Bill (SB) 508, a bill that would stop endless, frivolous lawsuits from being filed against drillers (see WV Senate Bill Stops Frivolous Nuisance Lawsuits Against Drillers). The other bill is new for us, SB 565, a bill that “would allow oil and gas drillers to begin building well pads and access roads prior to getting a well work permit approved by the state Department of Environmental Protection.” SB 508 passed the Senate Judiciary Committee last week, and SB 565 was passed in the Senate Energy Committee. They are both on their way and likely to pass the full Senate and House…
Read More “2 Bills Favorable to Drillers Advance in WV Senate – SB 508 & 565”
Industrywide Issues | Statewide WV | Taxation | West Virginia

WV Senate Passes Bill to Eliminate Part of State Severance Tax
February 16, 2016February 16, 2016

Politicians who keep promises? Consider us thunderstruck. It’s actually happened in West Virginia. In January MDN told you that WV Gov. Earl Ray Tomblin had proposed reducing the oil and gas severance tax (see WV Gov. Tomblin Proposes to LOWER Oil & Gas Severance Tax). Here’s the back story: In 2005, before he was Governor, Tomblin was President of the WV Senate. At that time the WV legislature passed an extra fee on top of the existing severance tax–a fee of 4.7 cents per thousand cubic feet of natural gas (along with a fee on coal extraction). The fee was to be used to pay down the state’s old workers’ compensation debts. Tomblin promised that once the debt was paid, the fee would be lifted. “Yeah, right” was the reaction. However, the debt is now nearly paid, and Tomblin has kept his promise. The WV Senate unanimously passed Senate Bill (SB) 419 that will lift the extra fee…
Read More “WV Senate Passes Bill to Eliminate Part of State Severance Tax”
Forced Pooling | Industrywide Issues | Statewide WV | West Virginia

WV Forced Pooling Bill HB 4426 Introduced – Debate Rages
February 16, 2016February 16, 2016

The forced pooling debate is now raging in West Virginia. As we previously reported, Republican chairman of the WV House Energy Committee, Lynwood “Woody” Ireland believes a new version of the forced pooling bill he recently introduced is as fair as it gets for both landowners and drillers (see Bill Sponsor Says It’s Now or Never for WV Forced Pooling Law). Ireland also believes if the bill doesn’t pass this year, it is likely a dead issue. However, other Republicans in the legislature called forced pooling tantamount to big businesses bullying private property owners. A forced pooling bill has been floated in five of the last six years (2012 was the exception). Will it pass this time? On Feb. 5 Ireland introduced House Bill (HB) 4426, called the “Horizontal Well Unitization and Landowner Protection Act of 2016” (full copy embedded below). Here’s an update on the debate now raging in Charleston and beyond…
Read More “WV Forced Pooling Bill HB 4426 Introduced – Debate Rages”
Antero Resources | Anti-Drilling/Fossil Fuel | Energy Companies | Industrywide Issues | Litigation | Regulation | Statewide WV | West Virginia

WV Senate Bill Stops Frivolous Nuisance Lawsuits Against Drillers
February 16, 2016February 16, 2016

There’s been an interesting twist in pack of so-called “nuisance” lawsuits filed against Antero Resources in West Virginia (see Scores of “Nuisance” Lawsuits Against WV Drillers Combined). As we reported, more than 200 residents in WV (likely those who don’t own the mineral rights under their land) began filing “scores” of “nuisance” lawsuits over the past couple of years against Antero Resources and Hall Drilling, in places like Doddridge County. The lawsuits claim excessive traffic, odors and noise from nearby drilling make it “impossible” for them to enjoy their homes. The individual lawsuits were rolled up into one mega lawsuit that, at the time, sat before the WV Mass Litigation Panel. More recently it seems the mass lawsuit was transferred to Ohio Circuit Court (see More People Pile on Antero, Seek to Join Mass “Nuisance” Lawsuit). The strategy by anti-drillers is to form a piranha-like school of fish to attack a large mammal and kill it with thousands of tiny bites. But a problem has appeared for the antis. A bill was just introduced in the WV Senate on Feb. 4, Senate Bill (SB 508) that defines what, exactly, a nuisance is for the purposes of such lawsuits. In other words, legislators are about to plug a hole being exploited by antis–and the antis are squealing like stuck pigs…
Read More “WV Senate Bill Stops Frivolous Nuisance Lawsuits Against Drillers”
Dominion Energy | Energy Services | Industrywide Issues | Pipelines | Randolph County | Regulation | Statewide WV | West Virginia

Atlantic Coast Pipeline Proposes New Route to Save the Salamanders
February 16, 2016February 16, 2016

MDN told you last month that the US Forest Service, drunk on its own power, vetoed a path through a few miles of national forests for the $5 billion Atlantic Coast Pipeline (see US Forest Service Blocks Atlantic Coast Pipeline in National Forests). Using cow nob salamanders and red spruce as their excuse, USFS said “nyet comrade” to Dominion in their quest to build a natural gas pipeline from West Virginia to North Carolina. Dominion had requested a special permit to cross teeny tiny sections of the Monongahela and George Washington national forests in West Virginia and Virginia. So now what? Last week Dominion announced an alternate route for the pipeline (see map below) that avoids most of (not all of) the forests–adding another 30 miles to the 564-mile pipeline, and disrupting 249 landowners in Pocahontas and Randolph counties who will now need to sign easements to allow the pipeline across their land. All to avoid a few miles of forestland. Here’s the latest on the mighty Atlantic Coast Pipeline, re-routed because of a salamander…
Read More “Atlantic Coast Pipeline Proposes New Route to Save the Salamanders”
Industrywide Issues | Ohio | Pennsylvania | Research | Statewide OH | Statewide PA | Statewide WV | West Virginia

EIA Feb DPR: Utica NatGas Output Continues to Increase
February 10, 2016February 10, 2016

Earlier this week our favorite government agency, the U.S. Energy Information Administration (EIA), issued our favorite monthly report, the Drilling Productivity Report (DPR). The February 2016 report shows what the EIA predicts oil and natural gas production will be in March from the seven largest commercial shale plays in the U.S. What does the report (full copy below) show? Very broadly, it shows that the decline in natural gas production is picking up speed, while the decline in oil slowed (reversed, actually). In January’s report, the EIA said for February the combined output of natgas would decline by 405 million cubic feet per day (MMcf/d). In this report, forecasting March production, the EIA says the decline will go down another 451 MMcf/d over the February number. That is, the rate of decline is increasing. There’s only one shale play of the seven with an increase in natgas output from the previous month. Can you guess which one? That’s right–the Utica…
Read More “EIA Feb DPR: Utica NatGas Output Continues to Increase”
Baker Hughes | Energy Services | Ohio | Pennsylvania | Statewide OH | Statewide PA | Statewide WV | West Virginia

Rig Counts for World, US & Marcellus/Utica Continue to Tumble
February 8, 2016February 8, 2016

The number of active drilling rigs worldwide, in North America and in the Marcellus/Utica continued to tumble in January. Baker Hughes released their average rig count data for January last Friday. The news, as we expected (but nevertheless hoped wouldn’t be the case) was not good. Worldwide the number of active oil and gas rigs fell by 78. In North America the rig count went down by 28 rigs, but that’s not the full story. Rig counts in the United States fell by a whopping 60 while the rig count in Canada went up by 32. So here at home the story was bloodier than the top level numbers indicate. What about in the Marcellus/Utica? Once again MDN brings you the exclusive chart for Marcellus/Utica rig counts over the past 12 months. Region-wide rigs went down another by seven in the Marcellus/Utica. All three states that we track–PA, OH, WV–had rig count losses in January…
Read More “Rig Counts for World, US & Marcellus/Utica Continue to Tumble”
Air Quality | Industrywide Issues | Litigation | Ohio | Regulation | Statewide OH | Statewide WV | West Virginia

29 States Ask Supreme Court to Stop Obama Clean Power Plan ASAP
February 8, 2016February 8, 2016

On January 26, 2016, 29 states and state agencies, including Ohio and West Virgina, filed an application with the U.S. Supreme Court seeking an immediate stay of President Obama’s Clean Power Plan (CPP). A week before the D.C. Circuit Court of Appeals denied such a stay, so the states are taking it to the final authority in such matters. The states are begging the court for a stay because the CPP will do “irreparable harm” if it is allowed to be implemented by the dictatorial Obama Administration. For background on how this horrible plan will damage natural gas and our economy in general, see 9 Fatal Flaws with Obama EPA Clean Power Plan. Energy law firm Baker Hostetler LLP is the law firm of record for the State of Oklahoma and Oklahoma Department of Environmental Quality in this case. Below is an update from Baker Hostetler on the Supreme Court filing…
Read More “29 States Ask Supreme Court to Stop Obama Clean Power Plan ASAP”
Commodity Price | Forced Pooling | Industrywide Issues | Statewide WV | West Virginia

WVONGA’s Corky DeMarco Comments on Need for Forced Pooling in WV
February 5, 2016February 5, 2016

The West Virginia Press Association hosted their annual Legislative Breakfast yesterday in Charleston. A number of speakers addressed the group to discuss a range of issues. One of those speakers was Corky DeMarco, executive director of the West Virginia Oil and Natural Gas Association. Corky talked about how long the oil and gas industry will be around in WV (“a thousand years”) and about why the price of oil and gas is so low today (“we’ve kind of priced ourselves out of the market”). He also spoke about the need for forced pooling legislation…
Read More “WVONGA’s Corky DeMarco Comments on Need for Forced Pooling in WV”
Antero Resources | Doddridge County | Energy Companies | Industrywide Issues | Kanawha County | Litigation | Statewide WV | West Virginia

More People Pile on Antero, Seek to Join Mass “Nuisance” Lawsuit
February 2, 2016February 2, 2016

Last September MDN told you about the troubling news that more than 200 residents in WV (likely those who don’t own the mineral rights under their land) began filing “scores” of “nuisance” lawsuits over the past couple of years against Antero Resources and Hall Drilling, in places like Doddridge County (see Scores of “Nuisance” Lawsuits Against WV Drillers Combined). The lawsuits claim excessive traffic, odors and noise from nearby drilling make it “impossible” for them to enjoy their homes. The troubling development was that all of these lawsuits (dozens? hundreds?) had been rolled up into one mega lawsuit that sits before the WV Mass Litigation Panel. In other words a class action lawsuit. Since then we’d not heard anything, until we read about two more such lawsuits filed in Kanawha County. The lawyers want to add the two to the existing mass litigation case…
Read More “More People Pile on Antero, Seek to Join Mass “Nuisance” Lawsuit”
Industrywide Issues | Statewide WV | Taxation | West Virginia

Why Can’t We be Friends: Can Coal & NatGas Get Along in WV?
February 1, 2016February 1, 2016

Can’t we all just get along? That was the message from Corky DeMarco, executive director of the West Virginia Oil and Natural Gas Association, in responding to a call from Murray Energy CEO Robert Murray that West Virginia should trim the coal severance tax from 5% to 2%, and raise the natural gas severance tax from 5% to whatever in order to give coal a break in the Mountain State. Murray went after natural gas in a speech last week at the West Virginia Coal Mining Symposium in Charleston, WV. It appears Murray’s philosophy is “every man for himself” when it comes to government taxation. He’s wrong. Here’s why…
Read More “Why Can’t We be Friends: Can Coal & NatGas Get Along in WV?”
Dominion Energy | Energy Services | Industrywide Issues | Pipelines | Regulation | Statewide VA | Statewide WV | Virginia | West Virginia

US Forest Service Blocks Atlantic Coast Pipeline in National Forests
January 25, 2016January 25, 2016

Cow Knob Salamander

In the end it was the cow nobs and red spruce that have slowed down Dominion’s $5 billion Atlantic Coast Pipeline (ACP) project from West Virginia through Virginia and into North Carolina. Specifically, the U.S. Forest Service (USFS) has refused to grant Dominion a special permit to cross teeny tiny sections of the Monongahela and George Washington national forests in West Virginia and Virginia. Why? Because of concerns about cow knob salamanders, northern flying squirrels and red spruce trees. Just last November MDN told you that Dominion and ACP were bending backwards, forwards and sideways to avoid running through cow nob salamander territory (see Dominion Files Pipeline Route Change to Avoid Salamanders, Swamp). Apparently the USFS doesn’t think Dominion’s plan is good enough. It’s now back to the drawing board to see where, in those regions, ACP can safely be run to avoid radical environmentalist demands. Of course the answer is “no where” as they are always unreasonable about these things. There is no “how can we work this out to your satisfaction” when it comes to nut cases. The antis simply demand, like petulant children, that you not do it at all. Which is just what the other side is now saying about ACP…
Read More “US Forest Service Blocks Atlantic Coast Pipeline in National Forests”
Energy Companies | Industrywide Issues | Jobs | Pennsylvania | Southwestern Energy | Statewide PA | Statewide WV | West Virginia

Southwestern Energy Cuts Workforce 44%, 200 Marcellus Jobs Gone
January 22, 2016January 22, 2016

We have some very sad news to share today. Yesterday Southwestern Energy Company, one of the largest drillers in the Marcellus/Utica and the third largest independent natural gas driller in the U.S., announced it will lay off 1,100 people and pause its drilling program. That 1,100 is out of 2,500 employees–or 44% of the company. It was just a few weeks ago that Southwestern got a new CEO, Bill Way (see Southwestern Energy Gets New CEO – What’s Ahead for 2016?). We mused at the time: “When there’s a change in leadership, it has the potential to impact company strategy. So we’re always interested when changes of this type come along. The question now is, what’s ahead for 2016 with Bill Way at the helm?” Indeed. We can see what kind of changes Mr. Way is bringing. In October 2014 Southwestern announced a deal to buy 413,000 Marcellus/Utica acres from Chesapeake Energy, most of it in West Virginia (see Chesapeake Sells Close to 25% of Marcellus/Utica Operation). Then in December 2014, Southwestern bought 46,700 net acres of leases in northeastern PA from WPX for $300 million (see First Shoe Drops: WPX Sells 1/2 Marcellus Assets to Southwestern). Southwestern holds about 755,000 acres total in the Marcellus/Utica region. When everyone else was slowing down, Southwestern was doubling down on their drilling program (see Southwestern’s Contrarian Plan: Double Down on Drilling in the Marcellus). It seems that the wind has finally gone out of Southwestern’s sails. The company did not post an official press release on their website, so we’ve pieced together coverage from a number of sources to try and give you a complete picture of what they said yesterday…
Read More “Southwestern Energy Cuts Workforce 44%, 200 Marcellus Jobs Gone”
Industrywide Issues | Statewide WV | Taxation | West Virginia

WV Gov. Tomblin Proposes to LOWER Oil & Gas Severance Tax
January 22, 2016January 22, 2016

Ohio Gov. John “foreigner hunter” Kasich has been hellbent on raising Ohio’s oil and gas severance tax–for years. As recently as last June Kasich predicted his 6.5% proposed severance tax would get adopted (see Kasich Predicts Severance Tax Deal Will Happen, Others Say No). Last fall OH Republicans continued to flirt with the idea (see Ohio Legislators Continue Dalliance with Kasich Severance Tax). The state still has not raised it, even though Kasich has lobbied hard for over three years. Pennsylvania, on the other hand, continues to consider converting their better impact fee for a less better severance tax. Republicans there are getting weak-kneed too (see Some PA Republicans Beginning to Cave on Severance Tax). It seems the severance tax is like the mythical siren song attempting to lure states onto the rocks of less drilling. But hold on to your hat. In contrast to OH and PA, there’s one state, and one governor, who’s not falling for higher severance taxes. PA Democrats trot out West Virginia as their shining example of how severance taxes don’t chase drillers away–to bolster their argument that PA should adopt a severance tax. Guess what? WV figured out high severance taxes DO chase drillers away, and WV’s Democrat governor, Earl Ray Tomblin, is proposing the state LOWER its oil and gas severance tax in 2016! It’s a devastating blow to PA Gov. Tom Wolf and his obsessive-compulsive insistence on a severance tax…
Read More “WV Gov. Tomblin Proposes to LOWER Oil & Gas Severance Tax”
Forced Pooling | Industrywide Issues | Regulation | Statewide WV | West Virginia

Some Give Up, Others Continue to Oppose WV Forced Pooling Law
January 22, 2016January 22, 2016

The fight for a forced pooling law in West Virginia continues. Some who have opposed such a law in the past are now changing position and attempting to get as favorable terms as possible. They’re throwing in the towel. Others are still hoping to stop the bill, for a fifth time. So far the forced pooling bill has not been introduced, even though the WV legislature began its 60-day session last Wednesday, Jan. 13…
Read More “Some Give Up, Others Continue to Oppose WV Forced Pooling Law”
Statewide WV | West Virginia

WV’s 2014 Natural Gas Production was “Shocking” – 1 Tcf
January 19, 2016January 19, 2016

The most recent year full production numbers are available for West Virginia is 2014, recently released. In talking about how much the Mountain State produced for natural gas, oil, and NGLs (natural gas liquids, like ethane, pentane, propane and butane), the head of the Independent Oil and Gas Association of West Virginia (IOGAWV), Charlie Burd, said the production numbers are “shocking”–in a good way. Example: If you include conventional and unconventional natural gas production in the state, in 2014 WV produced 1 trillion cubic feet of natgas…
Read More “WV’s 2014 Natural Gas Production was “Shocking” – 1 Tcf”