FERC Shuts Down All Mountain Valley Pipeline Construction

As MDN previously reported, the U.S. Court of Appeals for the Fourth Circuit bought the lies of colluding Big Green groups and decided to put a hold on a permit issued by the U.S. Fish and Wildlife Service (FWS) that allows the Mountain Valley Pipeline (MVP) to build through areas with so-called endangered and threatened species (see Fed Court Suspends Mountain Valley Pipe Permits; $2.15M Fine). Because of the suspended FWS permit, the Federal Energy Regulatory Commission (FERC) on Tuesday told Equitrans, the builder of MVP, to stop ALL work along ALL of the project until further notice.
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NC Strikes Out – US Supreme Court Won’t Overturn 3 Pipe Approvals

In April, the D.C. Circuit Court of Appeals slapped down both New York and North Carolina regulators who tried to block three important Williams pipeline projects, all related to the mighty Transco Pipeline (see DC Circuit Court Slaps Down NY, NC Request to Block 3 Pipelines). North Carolina regulators appealed the dismissed case to the U.S. Supreme Court and on Tuesday the high court refused to hear the case, meaning NC has fully and completely struck out.
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Fed Court Suspends Mountain Valley Pipe Permits; $2.15M Fine

We’ve seen this movie before. The radical fringe leftists from the Sierra Club (disgusting organization) convinced the clown judges of the U.S. Court of Appeals for the Fourth Circuit (i.e. Circus) to block construction of Dominion Energy’s 600-mile Atlantic Coast Pipeline (ACP) pipeline by getting the court to toss U.S. Fish and Wildlife Service permits that allow the project to kill a couple of bats along a few miles of the project (see 4th Circus Blocks Permit, Stops All Work on Atlantic Coast Pipe). The Clubbers have done it again, this time with Equitrans’ Mountain Valley Pipeline (MVP) project.
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Fed Judge Tosses $54M Award to Atlantic Sunrise Pipe Landowner

Here’s a cautionary tale for landowners who think they can go court-shopping on the other side of the country to settle their differences with pipelines that cross their land. Don’t do it. A Pennsylvania landowner in Schuylkill County, PA thought he could force Williams’ (Transco Pipeline) into arbitration to compensate him for allowing the Atlantic Sunrise pipeline crossing his land. Except the landowner filed for arbitration in California! Williams/Transco refused to participate in the arbitration since Cali has NOTHING to do with Pennsylvania when it comes to arbitrating compensation for eminent domain.
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Township Loses Appeal to Block Adelphia Gateway Compressor Stn

West Rockhill Twp, Bucks County

West Rockhill Township in Bucks County, PA (near Philadelphia) has waged a legal battle to prevent a natural gas compressor station from being built as part of the Adelphia Gateway project, a plan to convert an old oil pipeline stretching from Northampton County, PA through Bucks, Montgomery, and Chester counties, terminating in Delaware County at Marcus Hook. West Rockhill appealed a decision by the PA Dept. of Environmental Protection (DEP) authorizing construction of the compressor station to a special court called the Environmental Hearing Board (EHB). The EHB recently ruled against West Rockhill. The compressor will get built.
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U.S. Supreme Court Refuses to Hear MVP Eminent Domain Case

Global warming fundamentalists have struck out yet again. In May, the U.S. Supreme Court refused to hear a case appealed from a lower court by a group of Lancaster County landowners who claim Williams and their Atlantic Sunrise Pipeline project abused eminent domain authority by building the pipeline before litigating (for years) how much money landowners should receive (see US Supreme Court Rejects Landowner Case Against Atlantic Sunrise). Big Green tried again in July, this time using Mountain Valley Pipeline (MVP) as their eminent domain test case (see Another Supreme Court “Quick Take” Eminent Domain Case – Using MVP). The Supremes have just declined to hear the MVP case, as they did the Atlantic Sunrise case.
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PennEast Pipe Asks FERC for Help in Overcoming Bad Court Decision

In September MDN brought you news of the U.S. Court of Appeals for the Third Circuit ruling that disallows PennEast Pipeline from using the delegated power of eminent domain to cross properties either owned by, or with easements granted to, the state of New Jersey (see Federal Court Rules PennEast Pipe Can’t Run Thru NJ State Land). We expressed our concerns that this ruling, which sets a precedent, may result in new pipeline projects in lefty states (like NY, NJ, MD, CA, etc.) getting blocked. Turns out we were not the only ones concerned (see Worst Fears May Come True with PennEast Pipeline Court Decision). PennEast has come up with a novel way to fight back against the court’s bad ruling: Ask FERC for help.
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NFG On Track to Build Northern Access Pipe in NY in 2022/23

National Fuel Gas Company (NFG), the utility and midstream giant based in Buffalo, NY, remains committed to building it’s Northern Access Pipeline project, a $500 million project that includes building 97 miles of new pipeline along a power line corridor from northwestern Pennsylvania up to Erie County, NY. The project also calls for 3 miles of new pipeline further up, in Niagara County, along with a new compressor station in the Town of Pendleton. Although New York State (under the profoundly corrupt Andrew Cuomo) continues to try and block the project, NFG says they will build it–in the 2022-23 time frame.
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U.S. Supreme Court Agrees to Hear Atlantic Coast Pipeline Case

Dominion Energy’s Atlantic Coast Pipeline (ACP) previously filed a request with the U.S. Supreme Court to overturn a decision by the U.S. Court of Appeals for the Fourth Circuit that judicially creates a new law stipulating pipelines can’t cross under the Appalachian Trail without (no kidding) an Act of Congress. The Supremes get 8,000 such requests each year, and accept maybe 80 (or 1%). Lightning struck. The ACP case was accepted by the Supremes on Friday. This is *seriously* good news!
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PennEnergy Sues Energy Transfer re Revolution Pipeline Explosion

Revolution Pipeline, built by Energy Transfer, runs through Bulter, Beaver, Allegheny and Washington counties in southwest PA. The 24-inch gathering pipeline shifted and exploded more than a year ago, in September 2018, just as it was entering service (see Revolution Pipeline Near Pittsburgh Explodes – Home & Barn Destroyed). The ongoing outage is credited with forcing EdgeMarc Energy into bankruptcy (see EdgeMarc Energy Files for Bankruptcy, Blames Revolution Pipe). The outage also negatively affects another driller/producer: PennEnergy Resources.
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Grant Twp, PA Continues Legal Battle Against PGE Injection Well

For the past several years we’ve reported on the case of Grant Township, PA, a town that passed an ordinance cooked up by the radical Community Environmental Legal Defense Fund (CELDF) to try and block a state-approved injection well. Part of the ordinance was tossed, and earlier this year a judge ordered the town to pay $102,000 in legal fees incurred by the operator the town has harmed by its action (see Judge Orders Grant Twp to Pay PGE $102K in Legal Fees). Grant appealed the fine to federal court. In the meantime, Grant Twp continues to burn through taxpayer money by appealing the poorly-written ordinance that bans injection wells. Grant was in court again on Friday paying lawyers to defend the indefensible.
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Riverkeeper Frustrated as D.C. Circuit Stops PennEast Pipe Lawsuit

It’s hard to keep track of the multiple lawsuits filed against every single new natural gas pipeline project in the Marcellus/Utica. But we try! Take the PennEast Pipeline, for example. PennEast is a $1 billion (or $1.2 billion, depending on the source) new greenfield pipeline project from Luzerne County, PA to Mercer County, NJ. PennEast will flow PA Marcellus gas to markets in NJ. The project has faced numerous lawsuits and regulatory blockades, much of it in NJ. There are two different lawsuits of current interest, with one affecting the other.
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Ohio Landowners Lose Royalty Lawsuit Against Chesapeake Energy

A group of Ohio landowners sued Chesapeake Energy in 2015 in a class action, alleging that Chesapeake had shorted them on royalty payments (see OH Landowners File Royalty Class Action Lawsuit Against Chesapeake). Four long years later and an Ohio federal judge ruled yesterday…in favor of Chesapeake.
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2 Important Supreme Court Cases with Big Impact on M-U Pipelines

Two very important (perhaps we should say critically important) cases now sit before the U.S. Supreme Court–cases that have a direct bearing on the Marcellus/Utica region. Both cases deal with pipelines. The first case we’ve written about before: Dominion Energy’s Atlantic Coast Pipeline case to overturn a nutty decision by the U.S. Court of Appeals for the Fourth Circuit that judicially creates a new law that pipelines can’t cross under the Appalachian Trail without (no kidding) an Act of Congress. The other case involves the Hoopa Valley Indian Tribe in California–a case that has profound implications for the Constitution Pipeline from Pennsylvania into New York.
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Williams Successfully Blocks Blue Racer Midstream IPO…for Now

Here’s a story that slipped under our radar for the past few months, but is now out in the open for all to see. In June Blue Racer Midstream, a gathering and processing system with 700 miles of pipelines in Ohio and West Virginia in the “heart” of the Marcellus/Utica, began the process to file for an initial public offering (IPO)–to become a publicly traded company. Blue Racer hopes to raise $600-$750 million with an IPO, money to expand. Midstream giant Williams, which owns roughly 29% of Blue Racer, sued in July to block the IPO.
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Chester County DA Fails to Find ME Pipe Crimes, Files Civil Case

Chester County, PA District Attorney Thomas P. Hogan famously announced to the world last December he would investigate Sunoco Logisitcs and their Mariner East (ME) pipeline projects for “crimes” (see Chester County DA Goes Rogue, Targets ME2 Pipe w/Criminal Probe). After months of investigation, using added fire power (see Chester County DA Gets “Free” Help with ME2 Pipe Criminal Probe), Hogan has come up with…NOTHING. He’s a loser. So to save face, the rogue DA and the guy who is trying to succeed him next (Michael Noone, also a loser) have filed a civil (non-criminal) case against ME for…wait for it…being a “public nuisance.” That’s what happens when a neighbor calls to complain someone is playing music too loud and won’t turn it down. Tell us again Tom & Mike, how “dangerous” that ME project really is.
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