Fed Judge Revives Obama Waters of US Tragedy in 26 States

Just when you thought we were making progress in reversing some of the cancerous regulations imposed by Lord Obama, up pops a swamp-dwelling judge (appointed by George H.W. Bush, George the 1st) to reinstate the idiotic “Waters of the United States” (WOTUS) regulation in 26 states. In May 2015, Obama’s radical Environmental Protection Agency (EPA) along with the Obama U.S. Army Corps of Engineers (USACE) released a finalized rule clarifying what WOTUS means vis a vis what can be regulated under the federal Clean Water Act (see EPA Power Grab: Redefines Waters of the U.S. to Include Everything). Essentially the rule change redefined everything down to mud puddles (and no, we’re not exaggerating) as being subject to the federal Clean Water Act. It was yet another attempt to bring oil and gas regulation under the purview of the federal government, a violation of the U.S. Constitution. We won’t recount the history of lawsuits and counter lawsuits that ensued. We’ll only tell you that in January the U.S. Supreme Court entered the fray by determining which courts can hear lawsuits regarding WOTUS (see U.S. Supreme Court Changes Jurisdiction for WOTUS Challenges). In February, then-EPA Administrator Scott Pruitt (we’re sorry he’s now gone) suspended the existing WOTUS until two years from now when a new WOTUS will be ready (see EPA Director Scott Pruitt Suspends Obama WOTUS Rule). The swamp-dwelling, Bushie U.S. District Judge David Norton threw that out and reinstated WOTUS. It’s OK for Obama and his droids to take the law into their own hands, but when another administration comes in and wants to wash away the stain of overregulation, that’s not OK. We call that protecting the swamp…
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It took Vermont Gas Systems three years to build a 41-mile, $165 million natural gas transmission pipeline from Colchester to Middlebury. The pipeline went into service in April. Vermont Gas is now working to complete several local distribution spurs–short, small pipelines to deliver the gas to homes and businesses. One of those spurs goes to Bristol, VT. A handful of Bristol residents are suing the town board for approving the local distribution pipeline without first holding a townwide vote. When you read the objections of those against the project, they don’t talk about exploding pipelines and safety issues, or running pipelines through pristine areas. How can they object on that basis? There are literally tens of thousands (maybe hundreds of thousands) of miles of this very same kind of pipeline in every major and most minor cities and towns across the country. When you read the comments of those in Bristol objecting, they talk about natural gas as “a big, dirty fossil fuel” and fracking as an abject evil, contaminating water, filled with chemicals, yada yada yada. In other words, they are clinically insane. They irrationally hate fossil fuels, even though their very lives and existence depend on those fossil fuels every minute of every day. We’ve run out of words to describe such lunacy…
The “best of the rest”–stories that caught MDN’s eye that you may be interested in reading: Dominion once again offering $1 million to local nonprofits; Allegheny County Health Dept. investigating frack sand terminal; Pennsylvanians have a clear choice for US Senator–Lou; wackos protest in Albany to ask Cuomo to stop coal plant from converting to natgas; there is a stable market for coal aside from electric generation; Mexico’s new president rolling back free market reforms in oil & gas; does OPEC really have the oil supplies it claims?; and more!
A new hope has emerged for Competitive Power Ventures (CPV) Valley Energy Center, a $900 million, 680-megawatt natural gas-fired electric generating plant in Orange County, NY. Last week MDN told you that at the last minute, four days before the plant was set to start up, the Andrew Cuomo-corrupted Dept. of Environmental Conservation (DEC) pulled the ultimate dirty trick and refused to renew an air permit for the plant they previously issued five years earlier (see
Borrowing a chapter from EQT and their Mountain Valley Pipeline project, Dominion Energy has asked the Federal Energy Regulatory Commission (FERC) to lift a stop-work order for its 600+ mile Atlantic Coast Pipeline (ACP) project. On Tuesday MVP sent a letter to FERC requesting the agency lift it’s stop-work order for them (see
We find the latest “bash fracking” so-called study just published by Duke University to be, well, rather amusing. This is not Duke “researcher” Avner Vengosh’s first bash fracking study (see 

A bill under active consideration in the Pennsylvania Senate would remove the PA Dept. of Environmental Protection’s (DEP) prohibition against using brine from conventional oil and gas wells on PA’s roadways (see
The world of LNG (liquefied natural gas) is a strange world for us. We’re still learning about it. LNG is important for the Marcellus/Utica region as our molecules increasingly get shipped to other countries. Our molecules get shipped directly from the Dominion Cove Point LNG export facility in Lusby, Maryland, and by Cheniere’s Sabine Pass LNG export facility in Louisiana. Yes, some of our gas makes it to Louisiana and is liquefied and shipped out. However, the Cove Point facility is the focus of this post. Since early 2013, all of the LNG export capacity from Cove Point has been spoken for, by India and Japan, signing 20-year contracts (see
Records continue to be shattered. On Monday our favorite government agency, the U.S. Energy Information Administration (EIA), issued our favorite monthly report, the Drilling Productivity Report (DPR). The DPR is the EIA’s best guess, based on expert data crunchers, as to how much each of the U.S.’s seven major shale plays will produce for both oil and natural gas in the coming month. The Marcellus/Utica region (called Appalachia in the report) continues to see production go through the roof. As has been happening for the past 6 months or so, production in the Marcellus/Utica region will grow another roughly 1/3 billion cubic feet (Bcf) in the coming month. If you add up new gas production for all seven major plays, the U.S. will produce an additional 1 Bcf/d in September, same as was added in August. That’s 1 Bcf more in September than we produced in August, or 2 Bcf/d more in September than what we produced in July. Mind blowing! No less impressive is U.S. oil production from shale. This month oil production will grow another 93,000 barrels per day, hitting a new all-time high of 7.5 million barrels per day of production–just from shale (not from offshore). Once again, new records for gas (and oil) will be shattered in September…
According to a report from BTU Analytics, the top three shippers who will soon flow natural gas along Williams’ Atlantic Sunrise Pipeline (ASP)–Cabot Oil & Gas, Seneca Resources and Chief Oil & Gas–have “nearly doubled” their rig counts over the past few months leading up to the imminent startup of ASP. The pipeline is due to go online any day now–by the end of August (see
Industry trade associations are not impressed with a proposed 250% hike in shale permit fees in Pennsylvania and they’re saying so. PA Gov. Tom Wolf’s Dept. of Environmental Protection (DEP), the agency charged with overseeing oil and gas drilling in the state, blindsided the shale industry in February with a proposal to hike the fee required when submitting an application to drill a new shale well (see
Shell is proposing to remediate a swamp in Mercer County as a way to “offset” the “impacts” of building an ethane pipeline to feed it’s mighty cracker plant under construction in Beaver County. Oops. Sorry. Instead of calling it a swamp, the PC term is “wetland.” Shell will make a swampy portion of Neshannock Creek in Mercer County swampier, in return for permission to build the Falcon ethane pipeline elsewhere. Apparently it’s not the first time Shell has proposed such a swap. Shell is in the middle of remediating a swamp in Washington County in return for “local impacts” (i.e. “damage” to the environment) they’re causing by building the cracker plant itself. This is not an uncommon practice–across the country. We happen to think it’s silly. Either a project is worthwhile–worth “damaging” some of our precious environment, because of the greater good it will bring–or not. Playing this game of “I’ll spoil this area here, so I’ll un-spoil that area over there” is senseless, in our humble opinion. But hey, if that’s the game we must play to get it built…