Court Rejects Constitution Pipe’s Case Against NY DEC; Now What?
In a disappointing, but perhaps not all that unexpected decision (full copy below), the U.S. Court of Appeals for the Second Circuit on Friday ruled against the Constitution Pipeline and their lawsuit against the Cuomo-corrupted New York Dept. of Environmental Conservation (DEC). The DEC dithered, for years, on a decision about whether or not to grant stream-crossing permits (Section 401 permits, a federal Clean Water Act thing) to the Constitution Pipeline, a $683 million, 124-mile pipeline from Susquehanna County, PA to Schoharie County, NY carrying Marcellus gas. The Federal Energy Regulatory Commission (FERC) authorized the project in 2014. Since that time the DEC delayed, and eventually denied permits for the project (see NY Gov. Cuomo Refuses to Grant Permits for Constitution Pipeline). So the Constitution (being built by Williams) sued the DEC in federal court (see Constitution Pipeline Case Goes to Court in 2 Weeks, Briefs Filed). We had hoped that the court would grant Constitution the right to commence building. But they didn’t. So now what? There are three options left for Constitution: (1) appeal the decision to the U.S. Supreme Court, (2) file a new case with the D.C. Circuit Court of Appeals (a different court), or (3) request FERC take matters into its own hands by deciding the DEC took too long (which would probably be challenged at the D.C. Circuit). The D.C. Circuit Court of Appeals is a different court than the Second Circuit that just ruled. Our best guess? Williams will take option #3 and ask FERC to overrule NY DEC and grant the permit themselves…
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The West Virginia Legislature has appointed a new Joint Committee on Natural Gas Development, composed of Senators and Delegates, to put their collective heads together to see how they can encourage more oil and gas development in the Mountain State. The committee will meet tomorrow for the first time. The effort is being supported by the West Virginia Oil and Natural Gas Association (WVONGA). In general, it certainly seems like a good idea–WV needs more drilling. However, WVONGA plans to use the committee as a platform to push its “modernized mineral efficiency laws”–i.e. forced pooling lite. As we reported last week, WVONGA is making an all-out push for new forced pooling laws in 2018 (see 
We always find it sad when a company builds a manufacturing plant in another country, closing one here at home (and firing the people who worked there). Such is the case in Carroll County, OH. Automotive supplier dlhBowles recently opened a 280,000-square-foot assembly plant in Reynosa, Mexico–and closed a plant in Carroll County. The company manufactures things like hoses and nozzles for windshield washer systems. Reynosa says closing the Carroll plant and laying off the 94 people who worked there is not “directly related” to opening the Mexico plant. Right. But officials in Carroll aren’t bitter. They believe the Utica Shale and various pipelines running through the area will result in new plastics companies (and other types of companies in the downstream) locating in Carroll. Buh bye Reynosa. Hello new manufacturers with the foresight and intelligence to set up shop in red-hot eastern Ohio…
Over the past year or more MDN editor Jim Willis has signed numerous petitions supporting the Atlantic Sunrise Pipeline project–but it wasn’t until he signed one at a recent Williams event that the got a response from Pennsylvania Gov. Tom Wolf. Atlantic Sunrise is a $3 billion, 198-mile natural gas pipeline project, most of which will get built in northeast Pennsylvania. The project is ready to begin construction, NOW, but still needs a few permits from the state Dept. of Environmental Protection (DEP). In an attempt to get the DEP (and Gov. Wolf) moving, Williams co-hosted an event in July to pressure the DEP and Wolf into granting final permits (see 
Politicians are once again demagoguing and attempting to demonize “Big Oil & Gas” over the taxation issue. No, we’re not talking about severance taxes. We’re talking about accounting deductions that oil and gas companies take to reflect depletion of assets. Flying under the banner of “eliminating tax loopholes,” some politicians want to strip away deductions from oil and gas companies–while leaving the same deductions in place for other industries. It is the worst kind of sleazy attack on the o&g industry. William Shughart, professor at Utah State University, brings us up to speed on the latest under-the-radar attack on the shale industry…
The Energy Equipment and Infrastructure Alliance (EEIA) announced last week they have launched “Energy Builders,” a new community-based coalition of workers, families and businesses dedicated to educating friends, neighbors and elected officials about the importance and benefits of energy infrastructure and its ongoing development. Energy Builders came together in reaction to paid Big Green protesters being dropped into local communities spreading fear, misinformation and untruths about new energy delivery projects. Americans deserve the best, safest, most modern and secure energy delivery systems in our communities. Energy Builders promotes that. America is enjoying an energy revolution, where innovation and new discoveries of clean and affordable fuels like natural gas are cutting consumer prices, utility bills, and air pollution. We need to modernize and expand our energy infrastructure and delivery systems to ensure that all families, workers and businesses get their fair share of the rewards. We say, it’s about time to fight back against the paid protesters with a radical (WAY outside the mainstream) agenda…
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: Did Gov. Wolf’s natgas tax scare away a huge manufacturer from Taiwan; fracking jobs for coal miners ‘elusive’; NC ninny nannies come out to dis Atlantic Coast Pipeline; FERC chairman wants to “properly” compensate coal & nuclear; history of US shale oil/gas began in 1825; Citi says oil prices likely $40-$60 for next 5 years; solving the GOR problem; when will Mexico begin fracking; Mideast oil pricier than US oil for India; and more!