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DC Circuit Dems Overturn LNG-by-Rail Reg from Trump’s 1st Term

On Friday, three leftist judges who sit on the U.S. Court of Appeals for the District of Columbia (DC Circuit), one appointed by Joementia, one by Lord Obama, and a third by George H.W. Bush (Bush the 1st), threw out a rule the U.S. Department of Transportation had adopted during President Trump’s first term which allowed liquefied natural gas (LNG) to be transported by train. We warned you back in September the judges were signaling their intent to overturn LNG-by-rail during oral arguments (see DC Circuit’s Radical Judges Signal Blocking LNG by Rail). Read More “DC Circuit Dems Overturn LNG-by-Rail Reg from Trump’s 1st Term”

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PA Superior Court Reaffirms Dunham Rule Separating O&G from Minerals

In most states, when a deed or lease agreement is signed for mineral rights, it includes natural gas and oil on the theory that the gas and oil come from a mineral—shale rock. But that has not been the case in PA. Going back to a case in 1882, PA has had “the Dunham rule,” which separates natural gas rights from the broader concept of mineral rights (for background on the Dunham rule, see the MDN article PA Supreme Court Hears Arguments in Critical O&G Case). In 2013, the PA Supreme Court upheld the Dunham rule in a key decision (see Big News: PA Supreme Court Decides Shale Mineral Rights Case). Last November, the PA Superior Court reaffirmed and upheld the Dunham rule again in a different case. Read More “PA Superior Court Reaffirms Dunham Rule Separating O&G from Minerals”

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Antis Block 15-Mile Pipe Causing Gas Moratorium in Myrtle Beach

Here’s a story that illustrates how the radicalized left continues to destroy jobs and the economy with its kneejerk reaction against *any* fossil fuel pipeline, no matter how large or small. Some five years ago, Dominion Energy announced the River Neck to Kingsburg project, a short 15 miles of 16” natural gas transmission main line that would run in an existing right-of-way with another pipeline along Old River Road near Pamplico in Florence County, SC. It was supposed to be built and flowing in 2022. Dominion still hasn’t built a square inch, thanks to the lawfare launched by the anti-fossil fuelers of the Blue Ridge Environmental Defense League. Read More “Antis Block 15-Mile Pipe Causing Gas Moratorium in Myrtle Beach”

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Judge Tosses NYC Lawsuit Against Big Oil re Climate Change

A judge has dismissed New York City’s lawsuit seeking to hold Exxon Mobil, BP, and Shell liable for misleading the public about their products and claims that their commitment to renewable energy and fighting climate change are false. The case was so weak not even a Democrat judge appointed by Kathy Hochul could stomach it. In her ruling, Justice Anar Rathod Patel told the city it could not have it both ways. The city claimed its residents knew about mythical climate change and how it is caused by burning nasty fossil fuels. Yet the city’s lawsuit claims Big Oil has tricked people into using fossil energy with false and misleading advertising. Patel wrote, “The city cannot have it both ways.” Touché! Read More “Judge Tosses NYC Lawsuit Against Big Oil re Climate Change”

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Builders, Utility Co. Sue Maryland re New Reg Blocking NatGas Use

Maryland is a sad state. It’s completely ruled by leftists who seek to impoverish its residents by forcing them to use expensive and unreliable renewable energy. There is actually some Marcellus/Utica shale under Maryland (in a couple of far-western counties), but the state outlawed shale fracking nearly 10 years ago when then-Gov. Larry Hogan (a RINO and Trump-hater) allowed a Maryland bill to become law that bans fracking in the state (see Maryland’s Pusillanimous Gov Allows Frack Moratorium to Become Law). The latest attack against fossil energy is a new state regulation that phases out gas stoves, furnaces, water heaters, and other appliances at big residential and commercial buildings to “fight climate change.” Not so fast. Builders and one utility company have sued to block the new reg from taking effect. Read More “Builders, Utility Co. Sue Maryland re New Reg Blocking NatGas Use”

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Leftists Eye Pa. Law in War Against Fossil Fuel Companies

We’ve read a number of articles warning the radical left is gearing up to launch a blizzard of lawsuits (i.e., lawfare) against the incoming Trump administration—particularly related to environmental and energy policies and regulations. It’s standard operating procedure for the left, which has taken to bastardizing our justice system in recent years. While the left often dreams about putting its political opponents in jail, not much has been done along those lines (see NYC Dem Politicians, Radical Groups Seek to Jail Big Oil Execs). So it was particularly chilling to read a PBS story about a new journal article in which leftist lawyers seriously discuss using a Pennsylvania law already on the books to prosecute oil and gas companies for the “crime” of causing mythical global warming. This is no longer wishful thinking but the left outlining tactics they intend to deploy to jail those who refuse to agree with them. Read More “Leftists Eye Pa. Law in War Against Fossil Fuel Companies”

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Court Rulings & Regs Cause Delays in New LNG Export Plants

RBN Energy recently concluded a two-part series on LNG delays and what’s causing delays in bringing more export capacity online. Friday’s Part 2 of the series looks at recent court rulings and regulatory issues and their impact on U.S. LNG development. Yes, Joe Biden’s ill-timed “pause” on the Department of Energy issuing new export approvals certainly had a big impact (see White House Makes it Official – Biden Declares War on LNG Exports). But, there were other regulatory and court-related issues in 2024 that also had an impact on the slowdown in new LNG exports. Read More “Court Rulings & Regs Cause Delays in New LNG Export Plants”

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DC Circuit Sides with FERC Approval of 24-Mile Gas Pipe in Indiana

In June 2021, MDN told you about CenterPoint Energy, a power generator looking to shutter portions of its coal-fired generation fleet and build two natural gas combustion turbines in Indiana (see Will New 460 MW Gas-Fired Plant in Indiana Get Approved?). The two units would provide a combined 460 megawatts (MW) of electricity as a backup to CenterPoint’s wind, solar, and battery storage. Antis tried to strangle the project by challenging a 24-mile pipeline that would feed it (see Antis Attack Pipe Expansion to Feed NatGas to Indiana Power Plants). Finally, after nearly four years and multiple appeals, a three-judge panel of the D.C. Circuit Court of Appeals issued a decision yesterday that sided with the Federal Energy Regulatory Commission (FERC) in an appeal of the agency’s decision approving the pipeline. In other words, FERC was correct to approve it, and now (finally) the project can go forward. Read More “DC Circuit Sides with FERC Approval of 24-Mile Gas Pipe in Indiana”

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ODNR Seeks $6M from Austin Master Services to Cover Cleanup Costs

One of the significant stories of 2024 in the Ohio Utica was about Austin Master Services (AMS), a radiological waste management solutions company in Martins Ferry (Belmont County), Ohio, that handles fracking waste (trucks it for disposal). AMS ran into trouble when it ran out of money. The Martins Ferry facility where waste is temporarily stored went from a permitted maximum of 600 tons of stored waste to over 10,000 tons, in violation of its permit. The Ohio Attorney General’s office filed a lawsuit against the company in March to force compliance. Local newspaper The Times Leader, in doing a Top 10 stories of the year, provides an update on AMS and where things stand with the cleanup. Read More “ODNR Seeks $6M from Austin Master Services to Cover Cleanup Costs”

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Anti-Shale Group Continues to Try and Block Apex Wells in SWPA

A leftist anti-fossil group calling itself Protect PT (Penn-Trafford), located in Westmoreland County, PA, backed with big money from Big Green groups, has for years challenged Penn Township ordinances that allow Apex Energy and Huntley & Huntley (now Olympus Energy) to drill and operate shale wells. Protect PT finally struck out (legally) at the Pennsylvania Supreme Court in May 2020 (see Penn Twp Frack Ban Case Strikes Out at PA Supreme Court). However, Protect PT soldiered on (with Big Green $$), even after its crushing Supreme Court defeat. Apex Energy proposed drilling two wells (the Drakulic Well project) on a pad in a rural part of Trafford, PA, a boro straddling Allegheny and Westmoreland counties. Protect PT challenged the original permits and a time extension of the permits (see PA EHB Allows “Narrow” Appeal of 2 Apex Energy Well Permits). We are nearly a year later, and the case still plays out. A hearing is set for Jan. 15 to examine whether the Pennsylvania Department of Environmental Protection (DEP) lawfully issued drilling permits to Apex Energy. Read More “Anti-Shale Group Continues to Try and Block Apex Wells in SWPA”

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PA’s Incoming Republican AG Puts Anti on Energy Transition Ctte

We’ll be blunt. Incoming Republican Attorney General Dave Sunday is already a disappointment for us. He recently posted details of his transition team to a special website. The co-chair of the transition effort is former RINO Governor Tom Corbett. That’s one strike. While there are several good members on the Energy & Environment Committee, Corbett and Sunday have included a radical anti-fossil fueler from the far-left PennFuture organization on the Energy Committee. How utterly disappointing (and a second strike). Read More “PA’s Incoming Republican AG Puts Anti on Energy Transition Ctte”

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PA EHB Allows Wastewater Injection Well in McKean County to Open

In January 2024, MDN brought you the news that the Pennsylvania Dept. of Environmental Protection (DEP) approved a plan by Catalyst Energy to convert an existing conventional gas production well on Route 646 in Cyclone (Keating Township, McKean County, PA) into a shale wastewater injection well (see PA DEP Approves Shale Wastewater Injection Well in McKean County). The DEP approved the plan on Jan. 11, 2024. More than 40 unhappy residents of Cyclone appealed the approval a few months later (see Sanctioned Lawyer Meets Cyclone Residents Against Injection Well). Even as the appeal played out, construction to convert the well continued—that is, until November, when a special state court stopped construction (see PA EHB Blocks Work on Wastewater Injection Well in McKean County). That same court issued an opinion on Dec. 27 that allows work to finish the well to continue and allows the well to open. Read More “PA EHB Allows Wastewater Injection Well in McKean County to Open”

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OH Court Case Mixed Bag for Landowners re Post-Production Deductions

A lawsuit that slipped by us (and is still playing out) that began in Carroll County, OH, has major ramifications for landowners and drillers across the state. The case is EAP Ohio LLC v. Sunnydale Farms LLC, et al. in which 13 oil and gas leases were executed in 2008 and 2009 in Carroll County, Ohio. The 2008 Leases contained an identical royalty clause that limited post-production deductions to three categories: transportation, compression, and/or dehydration to deliver the gas for sale. After drilling wells on those properties, EAP (Encino Energy) deducted several other items from royalties, including costs incurred for processing, treating, fuel, gathering, and trucking. The lawsuit tussles with the issue of how terms are defined and whether these “extra” categories are allowed under the lease’s language. Read More “OH Court Case Mixed Bag for Landowners re Post-Production Deductions”

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Details for Surface Owners re Diversified Deal to Plug Wells

In November, MDN told you that Diversified Energy and EQT Corporation had settled a class action lawsuit originally brought by several West Virginia landowners (see EQT, Diversified Settle WV Class Action Lawsuit re Old Wells). Diversified and EQT are ponying up $3.25 million each ($6.5 million total) with requirements for Diversified to plug more wells on an advanced schedule in West Virginia, Ohio, Pennsylvania, Kentucky, Virginia, and Tennessee. Who, exactly, is affected by this settlement? A new court-ordered website provides some answers. Read More “Details for Surface Owners re Diversified Deal to Plug Wells”

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U.S. Supremes Signal Willingness to Curb NEPA Enviro Reviews

On Tuesday, the U.S. Supreme Court heard oral arguments in a case that could fundamentally change how the federal government conducts environmental reviews. We first told you about the case last week (see U.S. Supremes to Consider How Far is Too Far with Enviro Reviews). The case deals with a proposed railway that would connect Utah’s oil-rich Uinta Basin to Colorado. The case considers what should and should not be part of a so-called environmental review. How far is too far? A Circuit Court of Appeals wanted more nonsense included in such a review. At Tuesday’s hearing, the court’s conservative justices signaled they might be willing to put some new guardrails around the National Environmental Policy Act (NEPA) and its requirements to conduct environmental reviews. It seems the Supremes think things have gone too far with endless (costly) environmental “reviews.” Read More “U.S. Supremes Signal Willingness to Curb NEPA Enviro Reviews”

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Details on Diversified Deal to Plug More Wells in WV, OH, PA

One month ago, we brought you the news that Diversified Energy and EQT Corporation had settled a class action lawsuit originally brought by several West Virginia landowners (see EQT, Diversified Settle WV Class Action Lawsuit re Old Wells). There is the money aspect of the lawsuit, a payout of up to $6.5 million (subject to attorneys grabbing one-third of that). But then there is (in our opinion) the more important aspect of the settlement that requires Diversified to dramatically increase the number of wells it plugs over the next 10 years. Read More “Details on Diversified Deal to Plug More Wells in WV, OH, PA”