U.S. Supreme Court Allows Climate Lawsuit by 21 Kids to Proceed
The U.S. Supreme Court is a Supreme Disappointment. Lawyers representing (we’d call it mentally abusing and using) a group of 21 children filed a lawsuit in 2015 that aims to force the end of using all fossil fuels in the United States, to address so called man-made global warming. That case survived numerous challenges and was set to go to trial Oct. 29 in U.S. District Court for the District of Oregon. The Trump Dept. of Justice petitioned the U.S. Supreme Court to stop the case from advancing to trial (see DOJ Asks Supreme Court to Stop Climate Lawsuit by 21 Kids). Chief Justice John Roberts subsequently slapped a halt on the case and ordered both sides to give him more information (see U.S. Supreme Court Stops Climate Lawsuit by 21 Kids, Temporarily). However, the Supremes, in a decision issued Friday, refused to dismiss the case. But all is not lost.
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A panel discussion at last week’s Shale Insight event focused on a pair of Pennsylvania lawsuits that has the potential (indeed already is) changing the drilling landscape in PA. The first lawsuit discussed was the decision from June 2017–“Pennsylvania Environmental Defense Foundation (PEDF) v. Commonwealth of Pennsylvania.” PEDF is an anti-fossil fuel group. They convinced the PA Supreme Court to issue a decision that tosses out a decades-old “balancing test” in decisions about drilling and instead said land-use and permitting decisions must now meet standards established by the state’s so-called Environmental Rights Amendment (ERA). The PEDF decision is creating big question marks for drillers and has spawned a flurry of lawsuits to define which standards to use. The second case discussed at Shale Insight was the “Briggs” case that tossed out the rule of capture in PA for shale drilling. Both cases have the potential to greatly limit Marcellus drilling in PA.
An important court case was decided on Friday in Pennsylvania Commonwealth Court that potentially impacts all shale drilling in the state. You will recall that seven selfish towns sued the state over the 2012 Act 13 law and it’s provision that would substitute a statewide, uniform and fair set of zoning ordinances for drilling in place of a patchwork, crazy quilt system of local ordinances for oil and gas drilling. Seven selfish towns (including Robinson Township) wanted their own ordinances and sued, ultimately winning at the Supreme Court (see 
A near-capacity crowd (over 300 people) filled the Storer Ballroom at Shepherd University in Shepherdstown, WV on Wednesday to hear and talk about the Mountaineer Gas Eastern Panhandle Expansion Project–a project to deliver natural gas to a new industrial facility in Berkeley County, WV, and provide gas to other local businesses and residents in the Tri-State area. The meeting (a public hearing) was hosted by the West Virginia Public Service Commission. It was moved to Shepherdstown from Charleston at the request of fussing Sierra Clubbers.
Although President Trump is having good success in draining much of the D.C. swamp, there are still stagnant pools here and there. One of them is the Pipeline and Hazardous Materials Safety Administration (PHMSA). Two years ago PHMSA was caught directly funding anti-pipeline activists with 
Although EQT Midstream’s 303-mile Mountain Valley Pipeline project has experienced a number of legal and regulatory setbacks and is currently blocked from constructing pipeline across/under/near any river, stream, or wetland in all of West Virginia and all of Virginia, there are still places where MVP can build (see 
We thought that all of Mountain Valley Pipeline’s (MVP) permits issued by the U.S. Army Corps of Engineers for stream and wetland crossings had been pulled in both West Virginia and Virginia, but alas, no. One of the regions where permits issued by the Army Corps (called NWP 12 permits), in the northern panhandle of WV, is issued by a different Army Corps district office (in Pittsburgh). That office has now revoked MVP’s permits in Wetzel and Harrison counties–another 59 stream and 62 wetland crossings. Which now makes it complete: MVP cannot engage in any construction across/under/near any river, stream, or wetland in *all* of WV and *all* of VA. That is, until they get the NWP 12 permit reworked and reissued.
MDN told you in July that Philadelphia antis were paying $50,000 to a “consultant” to produce a faux report that will say the Mariner East 2 (ME2) natural gas liquids pipeline is dangerous, a nightmare waiting to happen (see 
On Friday we told you that the Trump Dept. of Justice had petitioned the U.S. Supreme Court to temporarily stop a court case from advancing to trial next week (see 
Lawyers representing a group of 21 children filed a lawsuit in 2015 that aims to force the end using all fossil fuels in the United States, to address so called man-made global warming (see 
Anti-fossil fuelers are on a holy mission to stop a 3.5-mile, 8-inch pipeline from being built under the Potomac River by Columbia Pipeline (see 
The actions of political leaders have consequences. Sometimes dire consequences. People like New York Gov. Andrew Cuomo believe they can wave a magic wand and proclaim, “No more fossil fuels, we’ll just use solar and wind instead.” But proclaiming it doesn’t make it so. Proclaiming it doesn’t exempt you from the consequences of your actions. In recent years Cuomo has blocked new natural gas pipeline projects that would deliver Marcellus gas from Pennsylvania, claiming we need to move to so-called renewable energy. Now the chickens have come home to roost.
We’ve seen this movie before. The U.S. Court of Appeals for the Fourth Circuit (quickly becoming the Fourth Circus) has once again listened to the arguments of anti-fossil fuel groups including the Sierra Club and Chesapeake Climate Action Network and has overturned a recently re-issued permit that allows Mountain Valley Pipeline (MVP) to use certain methods to build the pipeline across streams and rivers in West Virginia. The court action pretty much shuts down all work on MVP in WV.
We’ve extensively covered the tragic accident and aftermath of Columbia Gas’ natural gas delivery pipelines exploding near Boston in mid-September. The explosions and resulting fires tragically killed one teenager and injured 25 others. It left some 8,600 households and businesses without natural gas–for months. Now anti-fossil fuel advocates say those 8,600 households should just forget about natural gas, forever, and instead convert to sky-high electric for their energy needs. They call it a “green new deal”–meaning make Columbia Gas pay to convert your home to all-electric appliances and heat pumps. We call it a “green raw deal.”