PA Supreme Court Hands Antis Partial Victory re State Land Drilling
In a sharply divided 3-2 decision (full copy below), the Pennsylvania Supreme Court of Appeals has sided with a virulent anti-drilling group, the Pennsylvania Environmental Defense Foundation, against the state in saying that any revenue generated from leasing and drilling on state-owned land MUST be used solely for conservation and the environment. The state cannot treat, as former Gov. Ed “fast Eddie” Rendell did, revenue from oil and gas drilling on state land as money that can be used for any old cockamamie political reason. That is, the money cannot go into the black hole of the “general fund” in Harrisburg. The three justices who rendered the decision say the law is clear on intent–that money must be used for environmental purposes. Fine. Except the foundation on which they decided the case is PA’s so-called environmental rights amendment. Even though this case is about how money from drilling will get used (a fairly narrow ruling), already antis at PA Big Green groups like THE Delaware Riverkeeper claim they will use this decision and the environmental rights amendment to try and block drilling on state lands because it “violates” the state constitution. That’s where they ultimately want to take this. Block it on state lands first, then go for private land next…
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As the Pennsylvania budget deadline looms (June 30th), the Democrats and RINO Republicans are out in full force pushing, like a broken record, the dead issue of a severance tax. For the next nine days (or more, if the budget doesn’t pass on time, which is likely), we will have to hear about the Grand Canyon budget gap that exists, and how only soaking drillers (and landowners) to use THEIR money, will fix it. Johnny one tune. Every argument we’ve read always says money from a severance tax is needed to help fund the general budget. So when we spotted an opinion column that argued for the severance tax so the state can use the money to build more pipelines to areas without pipelines, so more residents can use natural gas, we thought that was kind of unique and funny. No, building more pipelines is not a good reason to impose a severance tax. It’s nothing more than yet another way to try and get one passed, and once in place, change the things it funds. In other words, it’s a lie. This particular view was offered by the former president of the Pennsylvania Business Roundtable. He’s also someone who’s “spent four decades in and around state government.” In other words, a swamp dweller. And establishment insider–the establishment in this case located in Harrisburg. So we’re not surprised that he wants a Marcellus-killing tax. It’s just dressed up in pretty platitudes…
Here’s a case in Ohio that has the potential to impact Utica Shale, as well as conventional, leases. According to OOGA (the Ohio Oil and Gas Association) it has the potential to affect “the validity and viability of thousands of oil and gas leases across the state.” In brief, a conventional gas well was drilled on property in Washington County, OH in 1951. The landowner later agreed to exchange royalty payments for free, unlimited gas to her home. Leases can be terminated if they stop producing profitable amounts of oil and gas. Between 1977 and 1981 there was no commercial sale of gas from the well–but the landowner kept getting her free gas. Using that five-year period of time of no commercial output, the landowner filed paperwork to declare the lease has been terminated and reverts back to her, the landowner. The driller says she continued receiving her “royalty payments” (i.e. free gas) even though nothing was sold from the well–and that’s enough to keep the lease in effect. There appear to be strong arguments on both parts, and apparently this arrangement of receiving free gas in lieu of royalty payments is not uncommon in Ohio. So the Ohio Supreme Court will decide, having recently heard oral arguments…
An overwhelming majority of voters in Connecticut, Massachusetts, New Hampshire and New York support energy delivery of transportation fuels and the use of natural gas infrastructure – including the approval and construction of more pipelines in the region, according to a new poll from Consumer Energy Alliance (CEA). The CEA calls itself the “voice of the energy consumer.” CEA provides consumers with sound, unbiased information on U.S. and global energy issues. The scientific poll conducted by CEA of voters in the four states found that energy issues will affect how 86% of them vote in the next election. It also found 58% approve of “expanding pipelines to deliver transportation fuels for consumers and markets.” And you thought voters in New England and New York were all brain-dead leftists. Huh. Turns out the media is covering up the strong support that exists for pipelines and other energy infrastructure. Hello Gov. Cuomo! Are you reading this? Here’s a summary of the poll, along with the detailed poll results…
The legal beagles of top energy law firm Babst Calland recently released their seventh annual energy industry report called, “The 2017 Babst Calland Report – Upstream, Midstream and Downstream: Resurgence of the Appalachian Shale Industry; Legal and Regulatory Perspective for Producers and Midstream Operators.” This latest annual review chronicles the comeback of the Marcellus/Utica and what challenges lie ahead. In an MDN exclusive, we have the first seven pages of the 74-page report (see below), along with details on how you can request a full copy. Worth the read! Here’s an overview…
First Reserve, a private equity firm (i.e. company that invests big money to buy other companies, or pieces of companies), has purchased the “integrity maintenance platform” of EMS USA, Inc. EMS is a company that fixes and maintains pipelines. Some of the work they do is in the Marcellus/Utica, hence our interest in this deal. No price was mentioned in the announcement. So what, exactly, is an integrity maintenance platform? And what does “acquiring it” actually mean?…
The “best of the rest” – stories that caught MDN’s eye that you may be interested in reading. In today’s lineup: Record keeping essential to prove lack of production in paying quantities; Firefighter pursuing chemical disclosure law in OH; Shell executive: Safety of workers, contractors at forefront of cracker project; Another Steyer-bankrolled anti-fracking campaign falls apart, this time in Nevada; Time for shale’s loners to settle down; Young people unimpressed with O&G careers: EY poll; Why oil prices are plummeting; and more!
Move over Exxon Mobil and Chesapeake Energy. There’s now (or soon will be, when the transaction is complete) a new #1 natural gas producer in the United States: EQT. In a deal you’ve no doubt heard about from multiple sources by now (because the news broke yesterday, just after MDN published for the day), EQT and Rice Energy announced that EQT will purchase Rice Energy, lock, stock and barrel, for $6.7 billion in cash and stock, and assume $1.5 billion in debt, for a total deal price of $8.2 billion. Along with 187,000 net acres in the PA Marcellus, and 65,000 net acres in the OH Utica Shale, EQT will get 1.3 billion cubic feet per day of Rice Energy natural gas production. When added to its own prodigious production (EQT was already one of the biggest and brightest shale companies), the combined output for the newly merged company will eclipse #2 Exxon and #3 Chesapeake Energy’s output to become the largest natural gas producing company in the country. Wow! Rice’s midstream (i.e. pipeline) assets are part of the deal. If you peg the midstream part of the deal at $1.8 billion, which some analysts say is the right number, and then calculate the per acre price of the deal, it works out to be around $9,900 per acre. Below we have the EQT/Rice announcement, the PowerPoint slide deck they used for a conference call held yesterday, and plenty of analysis about the deal–why it happened, and why now…
As we were reading about yesterday’s big news of EQT buying Rice Energy, we came across a couple of lists (same list, different sources) listing the top 10 natural gas-producing companies in the United States. The list was reworked to show that the combination of EQT and Rice will create the #1 largest natural gas-producing company in the country. An astonishing feat. But what caught our eye in looking over the “top 10” list was just how many of the companies in that list have operations in the Marcellus/Utica. At one time or another, all 10 of the top 10 owned leases and/or drilled in the Marcellus/Utica. By our count, 8 of the top 10 still do. You already know that EQT/Rice will become the #1 producer. But who is #2, and #3? And what about the rest of the list? We have it for you below…
Whatever happened to the lawsuit filed by a Wayne County, PA landowner against the egregious overreach by the Delaware River Basin Commission (DRBC) in its ongoing stall/delay/block of any shale drilling within the Basin? In March, MDN reported that U.S. District Judge Robert Mariani ruled against the Wayne landowner in a lawsuit that challenged the right of the DRBC to stop fracking in the Delaware River Basin (see 
The TriState Infrastructure Council (TSIC) was founded in Pittsburgh in late 2016 to “serve a broad-based business community during the critical next few years by attracting and deploying investments in infrastructure projects in Ohio, Pennsylvania and West Virginia.” With infrastructure upgrades, the region will be able to realize economic growth resulting from petrochemical manufacturing and related industries in the Appalachian basin. One of the driving forces behind TSIC is a name you are likely familiar with: Kathryn Klaber. Katie Klaber founded and until a few years ago led the Marcellus Shale Coalition. She opted to focus on her consulting practice following the MSC and is now managing the TSIC. The TSIC organization was founded with a group of A-list companies located in the region. At this week’s Northeast U.S. Petrochemical Construction conference in Pittsburgh, Katie unveiled an exciting new project to map infrastructure in an 82-county region throughout the Ohio River Valley. The aim is to identify missing/key/critical infrastructure components and then work to set up public-private partnerships to get those components built. The TSIC is looking at “electric transmission and distribution, pipelines, natural gas and natural gas liquid storage capacity, reliable locks and dams, rail networks, roads and bridges, water and sewer, building sites, barge loading/unloading facilities, broadband, fiber optics, and air service, among others.” And yes, the Marcellus/Utica shale is the linchpin that holds it all together–makes it all possible–and the raison d’être for the TSIC. Here’s more on the new infrastructure database, the TSIC, and how they are giving the shale industry a big assist…
A total of 31 anti-drilling, leftist (almost all Democrat) mayors, council members and county freeholders (not freeloaders, but freeholders) from a dozen New Jersey townships begged and pleaded with the NJ Department of Environmental Protection to kill the PennEast Pipeline project. The antis sent a letter to DEP Commissioner Robert Martin claiming PennEast will have “unacceptable” impacts in their towns if it gets built. We wonder, will they find it “unacceptable” to have their gas and electric turned off, because of lack of natural gas coming in via pipeline? It is yet another list of, frankly, nobodies who are desperately attempting to grab a headline from a sympathetic anti reporter (which they did, NJ.com), to try and create the impression that masses of people are against the project. Fortunately, it will fail…
Kudos to West Virginia and its Attorney General, Patrick Morrisey, for leading the charge (along with 10 other states) to stop the Environmental Protection Agency’s implementation of the Obama methane rule. Earlier this month the Trump EPA filed paperwork to stop implementation of the egregious and illegal rule (see 
We suppose it had to happen eventually. The Trump White House is backing a Washington insider, a swamp dweller, to become Deputy Administrator (#2 person) at the Environmental Protection Agency. Jeff Holmstead, a former top EPA official under President George W. Bush, is as inside Washington as inside gets. He’s a Washington lobbyist and a lawyer (already two strikes against him). His appointment is not yet official, but the rumor mill is working overtime. We find it disappointing that Scott Pruitt, the consummate outsider, is promoting Holmstead, the consummate insider, for the position…