PIOGA Corrects PA Rep. Kate Harper’s Whoppers on Severance Tax
Republicans hold majorities in both the Pennsylvania Senate and the Pennsylvania House. As is happening on the national level, the Republican Party in PA is also rife with establishment, left-leaning members who are not in their positions to benefit their constituents and all residents of the Keystone State, but are there to feather their own nests. Swamp dwellers. They are Republicans In Name Only (RINOs). One such RINO is PA Rep. Kate Harper, a “Republican” from Montgomery County–a Philadelphia suburb. Harper has been in the House since Jan. 2, 2001 (16 years, long past time she was voted out of office). Harper proposed an insane severance tax as part of this year’s budget deal. It’s not her first time at the trough. Harper has been proposing a severance tax for years (see PA RINO Rep. Kate Harper Trots Out Severance Tax, Again). Harper got her nose bent out of joint last week when her latest severance tax proposal, which she was just sure would make it this time, was removed from the budget bill during a committee vote. In responding to that removal, Harper made some inaccurate claims about the severance tax and the drilling industry. PIOGA (Pennsylvania Independent Oil & Gas Association) has stepped up to set the record straight on Ms. Harper’s whoppers…
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Last week MDN told you that New York’s highest court, the Court of Appeals, had just ruled that the New York State Attorney General, Eric Schneiderman, has the right to demand documents in a court case that accuses Exxon of hiding internal research that shows burning oil and gas leads to catastrophic, man-made global warming (see
MDN previously wrote about Natural Gas Intelligence’s awesome, huge 52″ x 36″ wall map showing every major (most minor) natural gas pipelines (202 of them!), resource plays (185 of them!) and more (
Events related (or of interest) to the Marcellus and Utica Shale, primarily pro-drilling events.
The “best of the rest” – stories that caught MDN’s eye that you may be interested in reading. In today’s lineup: PTT Ohio cracker decision to come last quarter 2017; PA budget fight gets “personal” and regional; DRBC sitting on $30M in cash/investments; PA cracker will have big impact on Lawrence County; West Goshen still suing re Mariner East 2 pipeline; OH gas plants primed to seize King Coal’s crown; Belmont County cracker will benefit WV; NC regulators ask questions of Atlantic Coast Pipeline; Energy Dept. does quick turnaround, approves natgas export plant in record time; Trump may replace (not repeal) Clean Power Plan; and more!
A second corporate raider is now making trouble for EQT and its planned purchase of/merger with with Rice Energy. In June, EQT and Rice Energy announced that EQT will buy out and merge in Rice Energy, to create (in EQT) the largest natural gas-producing company in the United States (see
According to expert analysis by the legal beagles at the Blank Rome law firm, a recent decision by the Superior Court of Pennsylvania disregards established precedent law and has created a new law in PA, possibly “leaving lessees [drillers] in limbo, possibly giving unscrupulous lessors [landowners] a unilateral tool to terminate oil and gas leases, and ultimately harming both lessors and lessees in the process.” In Montgomery v. R. Oil & Gas Enterprises, two (out of three) judges ruled that oil and gas leases could be severed (terminated) both “vertically” and “horizontally” by unilateral actions of the landowner. In this case “vertical” means shale or other rock layers under the ground, and “horizontal” means surface ownership. As with most things legal, this is a complicated case with a lot of history we won’t attempt to recount it chapter and verse. If we can boil it all down, the judges found that a landowner who had purchased a piece of property with an old lease that contained terms for shallow rock layers and deeper rock layers, could, unilaterally, terminate one aspect of that lease (in this case the shallow layer portion of the lease) while keeping the other aspect of the lease intact (the deeper layers, already drilled and producing). The Blank Rome analysis below does a deep dive into the case, frankly ripping the decision to shreds, and postulates the theory that it may lead to cases in which a landowner with a decades-old lease in which the shallow layers are held by production can separate and convey the deeper layers to a family member or family trust, and then terminate the deeper layer lease, re-releasing it to a different driller…
In July when the Pennsylvania Senate passed their awful budget bill that includes a variety of new taxes, including a new severance tax on the Marcellus industry, they also slipped in Section 1610 which changes established lease law with respect to oil and gas wells that no longer produce anything (see
Last week the Pennsylvania Dept. of Environmental Protection (DEP) issued the final permit needed by Williams to begin construction on Atlantic Sunrise, a $3 billion, 198-mile pipeline project running through 10 Pennsylvania counties to connect Marcellus Shale natural gas from northeastern PA with the Williams’ Transco pipeline in southern Lancaster County (see 
It is a story we see happening more and more frequently–local distribution companies (LDCs, your local gas & electric company) are adding new customers in places previously not served by natural gas lines–because of the presence of the abundant, cheap, and clean-burning Marcellus Shale. The latest such story we noticed of this type comes from the Scranton/Wilkes-Barre area. If you ever whiz through Scranton, and then Wilkes-Barre, motoring down Interstate 81 (as we’ve done hundreds of times over the years), one of the townships you pass through without knowing it is Dupont (in Luzerne County)–quite close to the regional airport in Avoca, not far from Montage Mountain ski resort, and a whisker away from Moosic. Utility giant UGI has begun a program to install natural gas pipelines to 123 homes in Dupont, to provide Marcellus Shale gas to those homes…
Earlier this year a poll of Virginians found 62% of them support building the Mountain Valley Pipeline (MVP) project in the state (see
West Virginia Dept. of Environmental Protection’s (WVDEP) capricious decision to yank a permit it previously granted for the Mountain Valley Pipeline is “the last straw” according to the legal beagles at the Blank Rome law firm. Last week WVDEP, under pressure in a lawsuit brought by the radical Sierra Club, decided to revoke a previously granted water crossing permit (see
Ever notice how liberal mainstream news organizations, like CNBC, call someone “renowned” when they echo the media narrative of the day? Such is the case with an investor, Jim Chanos, who is betting against the shale industry by short selling–taking stock positions that bet stock prices for shale companies will go DOWN. So this big-time investor bets against shale, then gives a talk at a big-time financial industry conference in New York to trash talk the shale industry, hoping he can create a run (down) against the stocks he’s bet against. Anyone else see a huge conflict of interest here? And then lib-central CNBC comes along to give this guy a megaphone to spew his trash talk of the shale industry. Welcome to Wonderland, Alice. A day after CNBC ran their segment on Chanos trash talking shale, Harold Hamm, CEO of Continental Resources (great guy) showed up on CNBC asking, “Who is this guy?” One of the stocks Chanos focused on trash talking was Hamm’s company. Hamm’s point was/is “renowed” investor Chanos is a nobody, at least nobody most folks have ever heard of. Hamm rips him a new one, revealing that Chanos made big bets the price of shale stocks (particular that of Continental) would go down, and when they didn’t, Chanos scrambled to try and talk them down…
Well they did it. Yesterday at a regularly scheduled meeting of the Delaware River Basin Commission (DRBC), representatives for the five voting members voted to begin the process of formalizing a permanent ban on fracking in the Delaware River Basin. It wasn’t unexpected, but it was hotly contested–by both sides in the debate. As we’ve previously chronicled, the DRBC is composed of five voting members: the governors of Pennsylvania, New York, Delaware, New Jersey, along with the U.S. Army Corps of Engineers. The governors all sent people to represent them at the meeting, with clear instructions. The three Democrat governors–Tom Wolf (PA), Andrew Cuomo (NY), and John Carney (DE) all voted in favor of a resolution to take the next step in the process of a permanent ban, voting to adopt a draft resolution MDN previously shared (see