Constitution Pipe Files for FERC Rehearing, Then Back to Court
Contrary to stories begin spun by anti-fossil fuel groups, Williams has not given up the fight to build the Constitution Pipeline–a $683 million, 124-mile pipeline from Susquehanna County, PA to Schoharie County, NY to move Marcellus gas into New York State and from there, into New England. The pipeline faces stiff odds. In 2016, the Andrew Cuomo-corrupted NY Dept. of Environmental Conservation (DEC) abrogated their fiduciary duty by denying the project a federal stream crossing permit (see NY Gov. Cuomo Refuses to Grant Permits for Constitution Pipeline). Williams sued the state in federal court–and lost (see Court Rejects Constitution Pipe’s Case Against NY DEC; Now What?). Williams then asked the Federal Energy Regulatory Commission (FERC) to overrule DEC’s rejection. Sadly, last month FERC denied that request (see Death of the Constitution Pipeline? FERC Refuses to Overrule NY DEC). Williams has since launched a multi-pronged legal attack with three potential paths to victory. First, Williams appealed the case directly to the U.S. Supreme Court (see Constitution Pipeline Appeals NY Fight Directly to U.S. Supreme Court). The case to the Supremes takes up the issue of whether or not one state, like New York, can deny a federal project that benefits other states, like the New England states. We await word from the Supremes on whether or not they will hear the case. Yesterday Williams launched another legal attack by asking FERC to reconsider their denial from last month. If FERC says yes and overrules the DEC, we have victory. If FERC says no, Williams will then (we are assuming) use the denial as the basis to take the case back to federal court–this time to the D.C. Court of Appeals. The first federal court to consider the matter (ruling against Williams) was the Second Court of Appeals (in NY). Moving the case to the D.C. court stands a better chance. So, three potential paths to victory: U.S. Supreme Court, FERC changes its mind, or the D.C. Court of Appeals. This fight is far from over…
Continue reading
Yesterday 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 numbers continue to be AMAZING. Natgas production continues to explode (poor metaphor!)–especially here in the Marcellus/Utica region, which is labeled “Appalachia” in the report. EIA predicts production in the Marcellus/Utica will soar another 321 million cubic feet per day (MMcf/d), roughly one-third of a billion cubic feet (!), between February and March. That’s after M-U production went up a stupendously massive 428 MMcf/d last month, even more than the 377 MMcf/d originally forecast (see 
Today a co-tenancy bill is due for a vote by the full House of Delegates and from there will get sent on to the WV Senate. Co-tenancy is NOT forced pooling. It is legislation that will give a majority of rights owners in a property the authority to sign a lease on behalf of all the rights owners. In WV there are often multiple rights owners listed for a property–sometimes 200 or more rights owners for a single piece of property! It is often difficult, if not impossible, to track them all down and get them all to sign on the dotted line. Co-tenancy corrects that situation. In the current bill, House Bill (HB) 4268, if 75% of the rights owners agree to lease the property for oil and gas drilling, that’s “good enough.” The bill will open up more Marcellus and Utica acreage to be drilled. As we previously reported, almost everyone is in favor it, including landowner groups (see 
We often write about pipeline projects in the Marcellus/Utica and their mission to move our prodigious natgas production to new markets where the gas will fetch a higher price. Last fall MDN provided a list of 15 active pipeline projects in our region, aimed at moving our gas to new markets (see 
In October 2016, Indeck Energy announced a plan to build a $1 billion electric generating plant (powered by natural gas) in Niles, Michigan, not far from Chicago (see 
Here’s something you don’t read every day with respect to pipeline construction: “Some township officials have praised the care of contractors in minimizing and reacting to disturbances and nuisance issues such as muddy roads and traffic backups.” Those comments come from officials in (yes), Lancaster County, PA, referring to the stellar job Williams is doing in building the Atlantic Sunrise Pipeline–a $3 billion, 198-mile natural gas 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. What happened to the “over 1,000 protesters” willing to get themselves arrested as they stand in front of heavy equipment to block construction in Lancaster County? Where are the Clattberbucks and their Lancaster Against Pipelines gang? Nowhere to be found, apparently. The opposition to Atlantic Sunrise appears to have run out of steam. Meanwhile, Williams is full of steam–going full steam ahead with the project–and local officials could not be happier as Williams drills under 70 roads, 67 streams and 17 wetlands in Lancaster County…
Limiting fracking to an impossibly small 150 acres (out of 12,620 acres) that make up Monroeville–a mere 1% of the acreage–is not enough of a ban for radical antis in the municipality of Monroeville (suburb of Pittsburgh). They want it all banned–every single centimeter. The only problem with that is the Act 13 law, passed in 2012, requires each municipality to allow drilling in at least one zoned area. But hey, disobeying the law isn’t a problem for antis–they do it all the time. They are anarchists by nature. Last October, Monroeville Council passed a temporary ban on oil and gas well drilling everywhere except for those areas marked M-2 industrial zoning–a big change (see 
Last June, the West Virginia Public Service Commission held a public hearing in Clarksburg, WV on the proposed ESC Harrison County Power Plant project (see 
The “best of the rest”–stories that caught MDN’s eye that you may be interested in reading. In today’s lineup: Cheniere ordered to close 2 Sabine Pass LNG tanks following leaks; US shale oil output in Permian almost 3 million barrels/day; Chesapeake Energy sells remaining Mississippian Lime assets for $500M; Trump admin proposes repealing Obama methane leak rule; Trump budget slashes EPA budget 23%; Big Green lawyers hope latest tactic will sink fossil fuel companies; and more!