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Victory! DRBC Loses in Federal Court, Good Guys Advance!

DRBC fracking ban - Tom Shepstone ReportsTom Shepstone
Shepstone Management Company, Inc.

 

Finally, at long last, the 3rd Circuit Court of Appeals has ruled and it was a clear victory for the good guys and a major defeat for the arrogant DRBC.

When Federal District Court Judge Mariani dismissed the Wayne Land and Mineral Group’s argument that a well pad is not a water project back in March of last year, I noted the following:

The DRBC argued for dismissal on the astounding theory it hadn’t taken any real action to stop drilling. The judge soundly rejected that bizarre theory and used 90% of a 44 page opinion doing so. He then moved the case directly to the Court of Appeals by dismissing the case on language that had yet to be debated, rocketing the case forward for a real decision by the court. No one reading the opinion (please do) can come to any conclusion but that judge rejected DRBC reasoning and kicked the case upstairs.

Well, the 3rd Circuit has now spoken (highlighted copy of opinion here). It has not only rejected every major DRBC argument, but also told Judge Mariani it doesn’t buy his conclusion a “project” is anything that uses water. It’s told him the DRBC Compact is a contract and the term “project” is ambiguous and must be interpreted in light of the contract drafters’ intent. Moreover, it has reminded the judge “that States do not easily cede their sovereign powers, including their control over waters within their own territories,” to the DRBC.

The court also instructed Judge Mariani to get on with it and examine the evidence. This is a huge victory for common sense and reason, both of which lead inevitably to the conclusion a well pad is not a project the DRBC can regulate, even if it does have authority to regulate water withdrawals and discharges.

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Rabid Anti-Fossil Fuel Activists Threaten US Energy Leadership and Our Livelihood

global warmingPaul Driessen
Committee For A Constructive Tomorrow

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Paul Dreissen shows how anti-fossil fuel activists are undermining the ability of the US to rebuild its energy independence, theatening our livelihoods.

You can understand their frustration, as the steady stream of radical environmentalist successes during the Obama years has been replaced with endless setbacks. Oil, gas and coal leasing, permits and production have risen significantly. Big Green just lost its first Big Cities v. Big Oil climate change shakedown lawsuit. President Trump pulled the USA out of the economy-wrecking, all-pain-no-gain Paris Climate Treaty and will soon nominate another Supreme Court justice.

The fracking revolution (horizontal drilling and hydraulic fracturing) not only slipped in under their radar. The technology they absolutely detest has utterly destroyed their mantra that the world is rapidly running out of petroleum – and now is helping create millions of jobs, generate billions in government revenues, launch a petrochemical resurgence, and turn the United States into an oil and gas exporter!

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Out-of-State Organizers Train Pipeline Protesters in Tunnel Vision

DRBC fracking ban - Tom Shepstone ReportsTom Shepstone
Shepstone Management Company, Inc.

 

Community organizers financed by elitist tools such as CCAN are training pipeline protesters to trust in tunnel vision and go extremist with their tactics.

Fractivists imagine their irrational concerns are the only ones that matter. That’s why they’re so easy to manipulate, organize and train to do stupid tricks. They have tunnel vision that makes them easier to herd. A couple of examples from Virginia serve to illustrate. One has to do with the Atlantic Coast Pipeline and the other is about the Montain Valley Pipeline, both of which have faced irrational opposition by a combination of fanatics and NIMBYs affected by this disease.

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New York State’s Aspiring Hypocrite: Cynthia Nixon

DRBC fracking ban - Tom Shepstone ReportsTom Shepstone
Shepstone Management Company, Inc.

 

When a role in “Sex and the City” is street cred to run for governor, you know New York is on the ropes, but Cynthia Nixon is also a fracking hypocrite.

New York State is getting worse by the day; there’s no way around it. The state is going off the deep end, becoming more shallow, more politically correct and more radical by the day. It’s in deep trouble, which is why people are leaving and Upstate New York is dying. It’s been a long process and helped along by a series of governors going back decades who have turned demagoguery into an art form.

The overwhelmingly urban nature of the state has left it governed by leaders pandering to a population knowing nothing about the way food is produced, how their energy is made or what it’s like to own land and have to make living off it. Worse, now one of them, Cynthia Nixon, wants to be the state’s governor and she’s a fracking hypocrite, worse than Cuomo, if that’s possible.

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The BerlinRosen Nest of Fractivists and Other Vipers

DRBC fracking ban - Tom Shepstone ReportsTom Shepstone
Shepstone Management Company, Inc.

 

Collusion among non-profit, tax-exempt charities who blatantly violate IRS lobbying rules is rampant and the BerlinRosen firm is in the center of it all.

What have Americans Against Fracking, Andrew Cuomo, Californians Against Fracking, the Delaware Riverkeeper, Food & Water Watch, Gas Free Seneca, Mark Ruffalo, New Yorkers Against Fracking, Pennsylvanians Against Fracking, Physicians for Social Responsibility, the New York State Trial Lawyers Association, New York’s Working Families Party, the Jill Stein campaign for President, former New York State Attorney General Eric Schneiderman, Tom Steyer, NYC’s thrice-named commie Mayor Bill de Blasio, the SEIU and Zephyr Teachout had in common?

They’ve all had connections with the “strategic communications” (grass-roots lobbying) firm of BerlinRosen, which I wrote about here and here. BerlinRosen is the go-to outfit for fractivist strategy. If Jay Halfon is the Fractivist Rasputin, together they represent the Central Committee for the cause and the members are all getting rich doing it, while living in gas-heated homes.

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Marcellus Shale Coalition Puts DRBC on Notice the Evidence Is Against It

DRBC fracking ban - Tom Shepstone ReportsTom Shepstone
Shepstone Management Company, Inc.

 

The Marcellus Shale Coalition has twice told the DRBC its fracking ban is foolish but yesterday wrote a critical letter showing the evidence is against it.

Dave Spigelmyer is a stand-up guy and he’s on our side. His organization delivered a compelling sets of legal arguments against the DRBC’s proposed fracking ban in its written testimony. Dave then appeared at the House State Government Committee to support landowners and drive home the Marcellus Shale Coalition’s position. Now, he’s written to the DRBC to tell them the physical evidence is also stacked against their foolish political maneuver.

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When You’ve Lost the New York Times, You’ve Completely Lost

DRBC fracking ban - Tom Shepstone ReportsTom Shepstone
Shepstone Management Company, Inc.

 

The New York Times, which led the fight against fracking in the early years with a series of attacks, has, for all practical purposes, admitted defeat.

Six years ago, the New York Times, America’s newspaper of “thou shalt think thus” instructions for elites, was still deep into a “Drilling Down” series of articles by Ian Urbina intended to trash fracking and elevate phony critics such as Deborah Rogers. Today, it’s a very different story as the Times (via AP) is forced to admit the “Studies Show Groundwater Holding Own Against Drilling Boom.” To paraphrase LBJ’s famous line, when you’ve lost the New York Times, well, you’ve completely lost.

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Holistic Fracking Is Here and It’s A Nightmare for Fractivists

natural gas now - Tom Shepstone ReportsTom Shepstone
Shepstone Management Company, Inc.

Holistic fracking, oil and gas well stimulation using a fracking gel made from ingredients available at your local grocery story, is already here.

A couple of decades ago, the term “holistic” became very trendy. We heard a lot about things such as “holistic medicine” and “whole farming,” both of which emphasized treating the whole rather than the parts. It seems somewhat less in vogue today, now doubt due to overuse, but the idea, which certainly has some validity, persists. We’re now seeing something similar, in fact, with hydraulic fracturing. The mechanism for delivering proppants to keep rock fractures open to flow gas is becoming ever more benign, more holistic. Holistic fracking is here.

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The Undermining Role and Unfair Influence of Tax-Exempt Foundations

DRBC fracking ban - Tom Shepstone ReportsTom Shepstone
Shepstone Management Company, Inc.

 

Tax-exempt foundations, especially supposed charities, are undermining our energy security and exercising completely unfair influence over government policy.

A new study, financed by a foundation itself, is out from Northeastern University that provides some much needed perspective on the role of tax-exempt foundations in fractivism.  The study is entitled “Strategic philanthropy in the post‐Cap‐and‐Trade years: Reviewing U.S. climate and energy foundation funding” and is available here.

The study isn’t intended to delve into fractivism per se and doesn’t even mention tax-exemption. Yet, for the reader who knows the background, it lays out, in depth, much of the problem. Tax-exempt foundations, under the guise of being charities to which others can often secretly donate, are exercising unfair influence over energy policy throughout surreptitious lobbying and they’re undermining our energy security in the process.

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The Very Special Interests of Fractivists and Friends

DRBC fracking ban - Tom Shepstone ReportsTom Shepstone
Shepstone Management Company, Inc.

 

Fractivists and other radical enviros are too often portrayed as altruistic when, in fact, they embody some of the very worst of very special interests.

Self-described environmentalists and most fractivists typically get the benefit of any doubt as being altruistic, community-minded, socially conscious protecters of nature and all that is good. The truth, though, is that there is, more often than not, special interests at stake. Sometimes it’s simply an attention-getting ego-boosting thing, other times it’s about the power and, far too often, it’s about the money.

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