PA Supreme Court Hears Arguments in EQT Wastewater Leak Case
Buckle up while we explain the background for this story. In October 2014, the DEP fined EQT a whopping $4.53 million for a leaky wastewater impoundment in Tioga County, PA (see PA DEP Levies Biggest Fine Ever, $4.5M Against EQT). While EQT did not say there wasn’t a problem with leaks at the site, they did say the way the DEP calculated the fine is unreasonable and arbitrary. In fact, EQT says the DEP levied the fine and took EQT to court because a few weeks prior EQT had sued the DEP over a different matter–that is, sour grapes. EQT appealed the fine and the case all the way to the PA Supreme Court. In December 2015, the high court handed EQT a “procedural victory” by saying EQT has a point about the manner in which the DEP is calculating the fine (see PA Supreme Court Gives EQT “Procedural Victory” in $4.5M Fine Case). The Supreme Court sent the case back to a lower court, PA Commonwealth Court, for follow up work, and in January 2017, a three-judge panel ruled that the method the DEP currently uses to assess fines–by how many days pollution lingers, instead of by how many days the initial release of pollution lasted–is not legal nor common sense (see EQT Wins Court Case Against PA DEP re $4.5M Wastewater Leak Fine). The judges said such a method in fining, “would result in potentially limitless continuing violations.” Under the old way of calculating fines, the DEP was considering upping the fine on EQT to an insane $157 million. Calculating it under the new way will mean a fine of around $120,000. Not long after that ruling, the Environmental Hearing Board, a special “court” set up to hear appeals of DEP decisions, decided to reduce the original $4.5 million fine down to $1.1 million (see PA Hearing Board Reduces EQT Fine from $4.5M to $1.1M). We thought that would be the end of it. But no! Both the DEP and EQT appealed the matter back up to the PA Supreme Court and yesterday the Supremes heard the case once again…
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We’re not sure when this happened, but the dreadful severance tax bill in the Pennsylvania House, House Bill (HB) 1401 went from being a 3.2% tax to now a 1.5% tax on Marcellus production. Even with the lower rate, as we pointed out in a post yesterday, liberal Democrats are already voicing disgust and laying blame in anticipation that the bill will not pass (see 
Each year (for the 11th year running) the Canadian-based Fraser Institute surveys petroleum industry executives and managers (333 of them for 2017) asking them their opinions on the barriers to investing in exploration and production in various geographies across the globe. That is, what makes them more likely or less likely to spend money drilling in a particular location? The Global Petroleum Survey (full copy below), tallies the survey responses and ranks each geography from most desirable place to invest, to least desirable. The rankings for this year are interesting and illustrative that politicians’ words and regulatory environment have a direct bearing on where, and how much, drilling companies are willing to spend. No money spent, no drilling. The barriers to spending in a given geography include: high tax rates, costly regulatory schemes, uncertainty over environmental regulations and the interpretation and administration of regulations governing the petroleum industry, and security threats. Only one state in the Marcellus/Utica ranked in the Top 10 “most attractive” jurisdictions for oil and gas investment–West Virginia…
In July 2017, the Federal Energy Regulatory Commission (FERC) issued a favorable final environmental impact statement (EIS) for both the Mountaineer XPress and Gulf XPress projects (see 
Why are we not surprised that antis are NEVER happy. EVER. Sunoco Logistics Partners has, after experiencing problems using underground horizontal direction drilling (HDD) at a couple of locations near Philadelphia while building the Mariner East 2 NGL pipeline, decided to abandon HDD and instead switch to another method to get the pipeline installed. Even with the change in methodology, antis are still fussing and moaning. The only outcome that will make them “happy” is for Sunoco to abandon building the pipeline, which isn’t going to happen. Even if Sunoco did quit building ME2, we doubt the antis would really be happy. Have you ever noticed they’re perpetual sourpusses?…
The “best of the rest” – stories that caught MDN’s eye that you may be interested in reading. In today’s lineup: MSC president says Marcellus/Utica activity heading downstream; OH Utica industry lends a hand with Toys for Tots; the Bakken is getting gassy; shale drillers hold the keys to success for an OPEC production cut; million-barrel hedging signals shale boom here to stay; o&g growth will propel U.S. economy through 2040; Mark Papa says shale hitting “sweet spot” exhaustion; overpricing renewable power is dangerous; Russia’s Gazprom gets big loans from Japan & U.S.; UK government supports shale industry; and more!
The ultra-radical group from Pennsylvania called the Community Environmental Legal Defense Fund (CELDF) is devoted to stirring up anarchy and lawlessness, not only in Pennsylvania but elsewhere, like Ohio. CELDF has launched a campaign to amend the Ohio State Constitution. Two CELDF ballot initiatives (full text below) would amend the Constitution to make it legal for local communities to usurp the state’s role in regulating oil and gas. We’ve written plenty about the CELDF, which is behind a number of bizarre lawsuits like the one claiming that an ecosystem is a “person” with rights (see 
Rex Energy, a driller focused mainly on the Marcellus/Utica (headquartered in State College, PA), has had its share of financial challenges. In the past it has swapped out old IOUs for new IOUs, converted debt (IOUs) into equity (shares of stock), sold off assets in other basins–a whole lotta stuff to keep on drilling (
Carrizo Oil & Gas no longer owns any assets in either the Marcellus or Utica Shale. Carrizo, a Houston-based driller, actively drills in the Eagle Ford Shale in South Texas, the Delaware Basin in West Texas, the D-J Basin in Colorado (more on that in a moment), and until mid-year in 2015, they had an active drilling program in the Ohio Utica and Pennsylvania Marcellus. We told you back in May that Carrizo was shopping its Marcellus/Utica assets (see 
If you are unemployed–particularly if you once worked in the coal industry–and you’re interested in getting your foot in the door of a rewarding job in the Marcellus/Utica industry, LISTEN UP! For those who live in southwestern PA and eastern OH, the Washington Greene County Job Training Agency and the Gas Technology Institute have teamed up to provide a FREE 4-week training program just for you (
Monroeville, PA (Allegheny County, suburb of Pittsburgh) is hostile toward the shale industry. In September, Monroeville Council voted to enact a super-restrictive seismic testing ordinance (see 
MDN has closely followed the effort to pass a dreadful bill in Pennsylvania known as House Bill (HB) 1401, which would tack a 3.2% severance tax on top of the existing ~5% impact tax (called a “fee”) already levied on Marcellus drillers, thereby effectively killing any new Marcellus drilling in the state. Last week, just ahead of the Thanksgiving holiday, the House debated the bill for two days–then left town “abruptly” without taking any further action (see 
Yesterday Pennsylvania Gov. Tom Wolf (liberal Democrat) issued a press release to take credit for/crow about handing out another $1 million of taxpayer money. This time the money is part of the state’s Alternative Fuel Incentive Grants (AFIG) program–a program aimed at replacing gasoline and diesel fuel. At least replacing a little bit of it–a token gesture. The state issued grants totaling more than $1.1 million in their effort to replace fossil fuels as the fuel that powers vehicles. And what “alternative” will replace those nasty fossil fuels? What clean-burning, good-for-the-environment option did PA deign to fund for over $1 million? Was the money used to purchase new electric charging stations for Chevy Volts, Nissan Leafs, and Teslas? Nope. The superior option to replace those nasty fossil fuels is…other fossil fuels! The grants will buy buses that run on propane, and build compressed natural gas (CNG) refueling stations for vehicles that run on CNG. No electric outlets in sight. By using propane and CNG, Wolf says PA will replace “hundreds of thousands of gallons of fuel” (meaning gasoline and diesel), making PA’s air cleaner. We think it’s kind of funny that Wolf’s enviro left hates natural gas, yet Wolf calls it clean and green and hands out money to make it more widely available…
There are a number of important pipeline projects, key to moving Marcellus/Utica gas either out of our region, or to places in our region that urgently need it. Some projects we’ve been writing about for years–like the stalled Constitution Pipeline from Susquehanna County, PA into New York State. Others are relatively recent, like the Valley Lateral Pipeline, a short pipeline to feed a power plant being built in Orange County, NY. Some projects like PennEast Pipeline are not yet fully approved by the Federal Energy Regulatory Commission (FERC), and now face an uphill battle in New Jersey where an ultralib just got elected governor–saying he’ll do his best to hassle the project. What we need is a scorecard! What’s the status of all these important projects? Fortunately the sharp writers at E&E News (Energy & Environment Publishing) has just issued such a scorecard, chronicling 10 important, we’d call them vital, pipeline projects in the East: Constitution, Northern Access, Valley Lateral, PennEast, Atlantic Sunrise, NEXUS, Rover, Mountain Valley, Atlantic Coast, and Sabal Trail. Here’s a status report for each project…
We live in a different world here in New York State–MDN’s beloved, lifelong home state. We suppose it’s like living in East Germany just after The Wall was built. Our wall is not physical but political. Even so, it’s just as real. Our state has become something of a socialist/Communist dictatorship. Our Constitutional property rights have been stripped away. Some private companies are actively opposed and frustrated by our governor, who then turns around and doles out taxpayer money to other private companies who are his cronies. We have no shale drilling, and no prospect of it until Cuomo is voted out of office. He’s even taken to stopping pipelines. Fortunately some pipelines, like the Millennium, were built before Cuomo caught the green fever. However, if you try to expand existing pipelines, say by running a 7.8 mile spur to an electric power generating plant that’s almost built, Cuomo will try and stop you. He’s like a hostile war lord in a third-world country. A tinpot dictator. Operating a pipeline in such a climate is not easy. It brings to mind stories of missionaries who put their own lives at risk to travel to hostile lands to bring religion to the heathen–whoops, to the indigenous population. One such pipeline missionary operating in New York is Michelle Hook, director of public relations for the Millennium Pipeline Company. How does Michelle do it, without going crazy?…