Anti-Drilling/Fossil Fuel | Energy Services | Industrywide Issues | Litigation | Pipelines | Transco | Williams
Riverkeeper Loses Again: No Do-Over on Transco REAE Permits
The Delaware Riverkeeper’s war against permits for a pipeline that’s already built and flowing gas has hit another brick wall. On Nov. 10, the full U.S. Court of Appeals for the Third Circuit refused to rehear a case the Riverkeeper lost in October over Pennsylvania permits for Williams’ Transco Regional Energy Access Expansion (REAE) project. That’s three straight losses for Big Green in this fight, and the October ruling the court left standing is “precedential,” meaning it binds future cases. It’s a big win for pipeline builders, and it may be an even bigger one for anyone tired of radicals waving Pennsylvania’s Environmental Rights Amendment around. Read More “Riverkeeper Loses Again: No Do-Over on Transco REAE Permits”
Yesterday, the U.S. Supreme Court spent an hour on Hoffmann v. WBI Energy Transmission. That’s the North Dakota case that will decide whether state law or federal law sets what a pipeline company owes a landowner when it takes an easement by eminent domain. If the questions from the bench are any guide (they usually are, but not always), the ranchers are in trouble. Justices on the left, the right, and in the middle took turns poking holes in the landowners’ argument. If WBI wins, Pennsylvania and Ohio landowners facing condemnation by interstate pipelines will lose the extra money state law now gives them, attorney fees included. 
A Lycoming County sportsmen’s club that has been around since 1936 just lost its federal tax-exempt status, and the reason is its Marcellus royalty checks. On Oct. 29, the U.S. Tax Court sided with the IRS, ruling that gas royalties made up so much of the club’s income that it no longer qualified as a tax-exempt “social club.” A lot of MDN readers run, or sit on the boards of, nonprofits that collect signing bonuses and royalty checks: churches, fire companies, land trusts, granges, hunting camps. So we read the full 20-page decision and looked into how the rules work for other types of nonprofits. Our conclusion: hunting and social clubs are most at risk, but every nonprofit with a lease should sit down with its tax attorney soon. 
A Roane County, WV, man who spent 12 years driving a truck hauling crude oil and brine has sued 15 energy companies, claiming that on-the-job exposure to benzene and “radioactive fracking brine” gave him a rare bone marrow cancer. The defendant list includes some of the biggest names in the Marcellus/Utica: Antero, EQT, Coterra, Expand Energy (formerly Chesapeake), and Shell. 
Last week we told you that West Virginia Attorney General JB McCuskey had served subpoenas on at least six environmental groups. He wanted nearly 10 years of their records, and his legal hook was the state’s consumer protection law (see 
Last week, the full U.S. Court of Appeals for the Third Circuit said “no thanks” to Williams’ request to reconsider its September ruling that tossed out New Jersey’s water permit for the Northeast Supply Enhancement (NESE) pipeline project. The October 22 order (embedded below) means NESE’s New Jersey water quality certification (WQC) stays vacated (i.e., canceled), and the whole matter goes back to the New Jersey Department of Environmental Protection (NJDEP) for a do-over. And here’s what caught our eye: Williams no longer says the ruling won’t affect its schedule. In its rehearing petition, the company admitted the loss “will delay construction” in New Jersey and could jeopardize NESE’s November 1, 2027 in-service date. So what happens now? Let’s walk through it. 
The Delaware Riverkeeper Network and PennFuture fought for years for the right to challenge Transco’s Regional Energy Access (REA) pipeline permits before Pennsylvania’s Environmental Hearing Board (EHB). They got their wish. Then they lost at the EHB. And yesterday, they lost again in federal court. A three-judge panel of the U.S. Court of Appeals for the Third Circuit unanimously upheld the state Department of Environmental Protection’s (DEP) water permits for the Williams-owned pipeline expansion. The court said the groups never showed that the extra water testing they demanded would have changed a thing. Even better, the court handed down a ruling on Pennsylvania’s Environmental Rights Amendment that could make life a lot harder for anti-drillers going forward. 
Remember Bucks County, PA’s “sneaky” lawsuit against Big Oil? The one a county judge tossed in May 2025 “with prejudice,” meaning don’t come back? Well, it’s back. Today (Oct. 14), Pennsylvania’s Commonwealth Court will hear Bucks County’s appeal, which asks the court to bring the dead case back to life. Lined up against the county is an impressive list of “friends of the court,” including Pennsylvania’s own Attorney General Dave Sunday, the U.S. Chamber of Commerce, the National Association of Manufacturers, the Pennsylvania Manufacturers’ Association, the Pennsylvania Chamber, and our friends at both PIOGA and the Marcellus Shale Coalition. All of them are telling the appeals court the same thing: leave it dead. 
Finally, a little justice. An international arbitration panel ruled that Venture Global (VG) breached its contract with Portugal’s Galp by delaying the declaration of its Calcasieu Pass LNG export plant in Louisiana as “commercially operational.” That official start date, called COD (commercial operation date), is what triggers deliveries to long-term customers. For more than three years, VG shipped cargo after cargo of LNG from Calcasieu Pass, much of it sold on the sky-high spot market after Russia invaded Ukraine, all while insisting the plant was still in its “commissioning” (startup) phase. Galp, which signed up in 2018 to buy 1 million tonnes per year (MTPA) of LNG for 20 years, waited. Galp now joins BP as the second customer to beat VG in arbitration. The catch? Galp’s payday is capped at $170 million, and the check won’t be written until after a damages hearing in 2027 or 2028. 
Yesterday was the first Monday in October, which means the U.S. Supreme Court opened a new term. The very first case the justices heard may be the most important case for the oil and gas industry, including Marcellus/Utica drillers, in a generation. The case is Suncor Energy v. County Commissioners of Boulder County. It asks whether a city or county can haul energy companies into its own state court and make them pay for the costs of climate change. If the answer is yes, Chief Justice John Roberts predicted a copycat lawsuit from “a municipality in every single state.” That’s not a scare tactic. It’s a business plan for trial lawyers.