Litigation

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    Westmoreland Zoning Challenge re H&H Wells Closer to Resolution

    Huntley & Huntley has plans to drill shale wells in Upper Burrell Township (Westmoreland County), PA. As MDN reported in June, a landowner in Upper Burrell filed an appeal against Upper Burrell’s zoning ordinance that allows drilling in rural, agricultural districts (see Westmoreland Zoning Challenge Heads to Court, Delays H&H Drilling). H&H plans to drill a well near where this woman lives, and she’s arguing such drilling will violate the state’s environmental rights clause and (more importantly), “devalue her property.” The case was supposed to go to township’s Zoning Hearing Board, but all of the (many) lawyers involved agreed to instead move it to county court, making the process faster and less expensive. The only potential problem with that is the judge may decide to hold off on a decision until two similar cases are heard and decided by the PA Supreme Court. However, the judge is not waiting. A recent media report states the judge will make a decision in the case “next month” (meaning in August) about whether or not the town can issue conditional use in agricultural-residential zoning districts…
    Read More “Westmoreland Zoning Challenge re H&H Wells Closer to Resolution”

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    NG Asks Judge to Toss Case Blocking Virtual Pipeline in NY

    NG Advantage wants to build a “virtual pipeline” operation in ultra-liberal Broome County, NY, in a suburb of Binghamton. The location NG picked, after considering up to six locations in the region, was selected because of it’s proximity to major highways, proximity to the Millennium Pipeline, and availability of high-power electric lines. A virtual pipeline is nothing more than a compressor plant (series of compressor plants) that grabs gas from a pipeline, in this case the Millennium, and compresses it and loads it onto special tractor trailers that then deliver the gas to industrial customers like manufacturing plants, hospitals, and even small regional systems servicing homes. The location NG selected, in the Town of Fenton (within spitting distance of Hillcrest and Port Dickinson) was approved by the Town of Fenton after a detailed review. The area they selected is zoned industrial and is, in fact, a former dump site. However, residents from nearby neighborhoods (Hillcrest and Port Dick) were not aware of the project (so they claim) and when construction began to clear the dump site, and residents learned what was going to be built at the site, some of them demanded court action to oppose it. So far we’ve had two court cases asking county-level court (called “Supreme Court” in NY) to stop the project, which it temporarily did (see Court Halts Work on Broome Co. Virtual Pipeline, Residents Sound Off). MDN editor Jim Willis attended a meeting by NG Advantage held for area residents and he has to say the company is bending backward, forward, sideways, upside-down, back flipping–and in general doing anything and everything they can–to prove to residents that a few trucks an hour hauling natural gas is not the horror they have been led to believe it will be. But in an all-too-familiar pattern, the residents’ minds are made up and nothing short of shutting the project down will be acceptable. And so the fight now goes to court. Last week NG responded to the temporary restraining order, asking the judge to toss it out so they can get back to building the facility. If for some reason NG is blocked, the company will be out $23 million…
    Read More “NG Asks Judge to Toss Case Blocking Virtual Pipeline in NY”

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    Northern Access Pipeline Court Case Further Threatens NY DEC

    NY DEC is on legal precipice

    A new threat against the New York Dept. of Environmental Conservation’s authority over pipeline projects is coming from yet another federal court. Last month MDN brought you the huge news that the U.S. Court of Appeals for the District of Columbia Circuit dismissed a lawsuit brought by the Millennium Pipeline against the NY DEC for delaying a decision to authorize a 9-mile pipeline Millennium wants to build from their main pipeline to an under-construction natgas-fired electric plant in Orange County, NY, called the Valley Lateral Project. Which may, at first blush, seem like a defeat. It was anything but a defeat. The justices, in their decision, said that the Federal Energy Regulatory Commission (FERC) has the right and responsibility to step back in and issue the water crossing permits themselves, overruling the NY DEC, if FERC so chooses (see DC Court Tells Millennium FERC Can Override NY DEC Pipeline Delay). A second court case in a different federal court, the U.S. Court of Appeals for the 2nd Circuit, is now progressing. That case was brought by National Fuel Gas Company in April against the NY DEC for a similar reason: delay and denial of federal 401 stream crossing permits for NFG’s Northern Access Pipeline project (see NFG Sues NY DEC in Fed Court re Northern Access Pipe Rejection). That case is now advancing and the lawyers for NFG are quoting the decision from the Millennium case as precedent for a ruling by the 2nd Circuit Court that the DEC cannot arbitrarily stop a federally-permitted pipeline project…
    Read More “Northern Access Pipeline Court Case Further Threatens NY DEC”

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    Lawyer Says PA Budget Unconstitutional Based on Enviro Rights Law

    If the only tool you have is a hammer, you are tempted to treat everything as a nail (Abraham Maslow, 1966). Such is it with radical anti-drillers who recently won a case at the PA Supreme Court by the skin of their teeth. The case dealt with the narrow issue of how PA can spend revenue raised by leasing and allowing drilling for oil and gas under state-owned land (see PA Supreme Court Hands Antis Partial Victory re State Land Drilling). A divided court ruled that money from royalties must be used only for Big Green causes, and cannot be used even to fund operations at the Dept. of Conservation and Natural Resources (DCNR). The decision was based, in part, on PA’s so-called Environmental Rights Amendment, “guaranteeing” the “right” to “clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment”–without defining how those “rights” are to be administered. The radical lawyer who won the case is now attempting to use that narrow decision–in a case about funding the DCNR–to make the preposterous claim that PA’s budget, as drafted, is “unconstitutional.” Like a broken record, he keeps going on about the Environmental Rights Amendment…Environmental Rights Amendment…Environmental Rights Amendment…
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    Radical Enviros Continue to Make Trouble for PA DCNR re Lease Rev

    As MDN reported in June, the Pennsylvania Supreme Court of Appeals, in a sharply divided 3-2 decision, sided with virulent anti-drilling group Pennsylvania Environmental Defense Foundation against the state in saying that any royalties generated from drilling on state-owned land MUST be used solely for conservation and the environment (see PA Supreme Court Hands Antis Partial Victory re State Land Drilling). The aim of the PA EDF is to disrupt Marcellus Shale drilling by any means necessary. This is one of those means. The three liberal justices who rendered the decision say the law is clear on intent–that money raised from leasing state-owned lands for drilling must be used for environmental purposes. The PA EDF arrogantly told the State of Pennsylvania that the money raised from drilling can’t be used for general operating expenses of the Dept. of Conservation and Natural Resources (DCNR)–the very organization that oversees the state lands and is in charge of said leasing (see Radical Enviros Now the Tail Wagging the PA DCNR Dog re Funding). But the Supremes, in their “wisdom,” decided to send the case back to the lower Commonwealth Court for a decision about the disposition and spending of money raised from signing bonuses. The decision the Supremes made in June only affects royalties. Now the radicals at the PA EDF are telling the Commonwealth Court that signing bonuses are in the same camp as royalties–that PA should not be able to use them for anything other than Big Green causes. Since there is no new leasing of PA state land under lib Dem Gov. Tom Wolf, a decision by the court will affect money already received and spent, from 2009-2010…
    Read More “Radical Enviros Continue to Make Trouble for PA DCNR re Lease Rev”

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    Liberal DC Court Tells EPA It MUST Adopt Obama Methane Rules

    The federal Environmental Protection Agency (EPA) wisely move to begin the process of rolling back Obama-era regulations on methane, designed to regulate the oil and gas industry, last month (see Beginning of the End: EPA Issues 90-Day Stay for Methane Rule). Big Green groups with deep pockets sued a few days later, claiming the agency that instituted the rules in the first place (the EPA) shouldn’t be able to roll back the rules they themselves made up. Egregious, over-reaching rules. A liberal federal court in DC somewhat agreed, telling the EPA they have to justify themselves (see Liberal DC Court Asks EPA to Respond to Lawsuit by Radical Enviros). Now, the liberal DC court has decided the EPA can’t un-decide what it previously decided, even though it clearly has the right and power to do so. On Monday, the U.S. Kangaroo Court of Appeals for the District of Columbia Circuit ordered to EPA to move forward with the Obama-era methane rules…
    Read More “Liberal DC Court Tells EPA It MUST Adopt Obama Methane Rules”

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    Judge Orders “Eco-Terrorists” to Vacate PA Property, Allow Pipe

    MDN has extensively covered the story of a family in Huntingdon County, PA radicalized by the Big Green movement into opposing the Mariner East 2 pipeline across their property. The Gerhart family, with the assistance of what Sunoco Logistics Partners calls “eco-terrorists,” have pledged to illegally block construction of the pipeline. So a few weeks ago Sunoco asked a Huntingdon County judge to grant an injunction against the Gerharts AND the interloping eco-terrorists–to have them forcibly removed if they attempt to stop construction which is about to begin (see Sunoco Seeks Injunction Against Radicalized ME2 Pipe Protesters). The good news is that late last week the judge granted the injunction. The Gerharts and their eco-terrorist friends will sit their butts in jail if they scarper up a tree to sit, or stand in the way when the bulldozers rev their engines…
    Read More “Judge Orders “Eco-Terrorists” to Vacate PA Property, Allow Pipe”

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    Ambulance Service Sues Rice Energy for $27K re Jan. Well Pad Fire

    In January, MDN reported on a well pad fire at Rice Energy’s Papa Bear well pad in Somerset Township (Washington County), PA (see Explosion & Fire at Rice Energy Drill Pad in Washington County, PA). Although no one was hurt, the explosion and fire ended up ruining six of the 20 pumps, and damaging four pumper trucks. As might be expected, local first responders were called to the scene, including four ambulances from Bearcat EMS Inc. Following the initial incident, Bearcat sent a bill to Rice for $26,742 to cover their costs of responding. Rice responded that they didn’t call Bearcat, and that Bearcat didn’t actually do anything, so they don’t owe them a penny. Bearcat, in paperwork filed in a lawsuit against Rice, says even though they didn’t help Rice personnel/contractors, they did provide services to other EMS staff at the scene, over a four-hour period. Therefore, pay up. The matter now sits in court…
    Read More “Ambulance Service Sues Rice Energy for $27K re Jan. Well Pad Fire”

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    Court Halts Work on Broome Co. Virtual Pipeline, Residents Sound Off

    Tractor Trailer NG proposes to use at Fenton location – Click image for full size version

    MDN editor Jim Willis attended one of the information sessions offered by NG Advantage at the Port Crane fire hall last night. NG Advantage is making a concerted effort to dispel false rumors and misunderstandings on the part of neighbors who live near a proposed “virtual pipeline” site that is a series of compressor stations grabbing gas from the Millennium Pipeline in a Binghamton suburb, compressing it and loading onto tanker trucks. Jim knew it was going to be an interesting night when he arrived at 7:15 pm to find a packed previous session that began at 5 pm was still going strong. Jim wandered to the back of the facility (in the parking lot) to view one of the tanker trucks that NG hopes to have accessing the facility (see our pic). In fact, two of these trucks each and every hour of the day will enter and leave the facility, some 50 trucks per day, on average, according NG officials. As Jim approached the truck, a woman also walking in the same direction said loudly, “My God! Look how BIIIIIIGGGG it is!” Like she’d never seen a tractor trailer before (actually, it’s shorter than a standard trailer). Since no one else was close to her, Jim assumed she said it for his benefit–likely hoping he would join in and agree. Jim said nothing. The same woman grilled the NG rep standing there, asking how many trucks per day, etc. And then she said, “I’m against this–I’m just glad there’s now a stop work order,” which was the first we had heard the news (more on the stop work order below). The woman’s demeanor and her ebullience that the project is now halted was an early signal: Jim knew he was in for a long night of high emotion from local residents who don’t want the facility, largely because of truck traffic. Jim was right…
    Read More “Court Halts Work on Broome Co. Virtual Pipeline, Residents Sound Off”

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    Radical Enviro Group Sues Warren Frack Wastewater Plant

    The Fresh Water Accountability Project, an anti-fracking group based in Michigan, has filed a frivolous lawsuit against the Patriot Water Treatment facility and the City of Warren, OH, claiming they are processing frack chemicals at their plants that don’t get processed enough–and consequently get released into the Mahoning River. This is not Patriot Water’s first time in court. Patriot has had a long-running feud with the Ohio EPA and Ohio Dept. of Natural Resources (ODNR)–a feud that goes all the way back to 2011 (see MDN’s string of Patriot Water stories here). Patriot processes frack wastewater at it’s Warren plant and then disposes of the wastewater by using the local Warren municipal sewage treatment plant. That is, Patriot strips out all of the really nasty stuff, and then the sewage plant finishes off the process and the water is then released into the Mahoning River, near Youngstown. The OH EPA and ODNR pulled Patriot’s permits to operate for a four-month period in 2012, but Patriot sued and won the right to continue operating, sending their wastewater to the sewage plant. Everything is legal. So now a non-profit group, Fresh Water Accountability Project, is going to try and shut down Patriot with a new lawsuit. If Fresh Water Accountability loses, can we shut them down? At the very least, their tax-exempt status should be stripped away for engaging in overtly political activities…
    Read More “Radical Enviro Group Sues Warren Frack Wastewater Plant”

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    NG Advantage Meets with Virtual Pipe Neighbors in Broome County

    NG Advantage is making a concerted effort to dispel false rumors and misunderstanding on the part of neighbors who live near a proposed “virtual pipeline” site that is a series of compressor stations grabbing gas from the Millennium Pipeline in a Binghamton suburb, compressing it and loading onto tanker trucks. As MDN reported yesterday, two different groups have now filed lawsuits to stop work at the site, one by a local elementary school (more than a half mile away) and one by residents living nearby, including a local Catholic church parish (see Church Asks NY Court to Stop Broome County CNG Virtual Pipeline). Last night officials with NG held a meeting for area residents (with more meetings scheduled for tonight) to answer questions and get the truth out about the facility. Two items in particular were front and center: (1) There are no emissions from the compressor station–it is a series of compressors (4 initially, up to 12 in all) that are powered with electricity, not diesel. So there are zero emissions from the plant. NONE. (2) The plant will be quieter than the Interstate highway it sits next to. If you are walking in the nearby Port Dickinson park (as MDN editor Jim Willis sometimes does), you will continue to hear the highway which runs overhead–but you won’t hear the compressor station. Neither will neighbors like the Catholic church hear it. Here’s a summary of last night’s meeting…
    Read More “NG Advantage Meets with Virtual Pipe Neighbors in Broome County”

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    PA Anti Strategy: Weaponize Recent Court Ruling Against Shale Dev

    It’s clear that radical environmentalists who (irrationally) oppose the use of fossil fuels believe the recent decision by Pennsylvania Supreme Court is a gift from Gaia (Mother Earth goddess). As MDN previously reported, last week the Pennsylvania Supreme Court of Appeals, in a sharply divided 3-2 decision, sided with a virulent anti-drilling group, the Pennsylvania Environmental Defense Foundation, against the state in saying that any revenue generated from leasing and drilling on state-owned land MUST be used solely for conservation and the environment (see PA Supreme Court Hands Antis Partial Victory re State Land Drilling). However, denying the state Dept. of Environmental Conservation (DCNR) from funding itself with lease/royalty revenue was inconsequential, a distraction from the real aim. The decision, according to the radicals, further strengthens the state’s so-called Environmental Rights Amendment to the state constitution. What it means, in very practical terms, is that the antis now plan to use a decision ostensibly about how a single state agency gets its funding, to apply the philosophical underpinnings (the right to a clean environment) as a weapon against judges and the Dept. of Environmental Protection (DEP), to force them to consider whether or not issuing a given permit for a project “harms” the “rights” of PA citizens to a “clean environment.” In other words, the radicals are weaponizing a court decision to use against the shale industry–and they’re signaling, via their sycophantic mouthpieces at StateImpact Pennsylvania, that’s exactly what they intend to do…
    Read More “PA Anti Strategy: Weaponize Recent Court Ruling Against Shale Dev”

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    Church Asks NY Court to Stop Broome County CNG Virtual Pipeline

    NG Advantage is building a new compressor station to tap into the Millennium Pipeline where it crosses the Chenango River near Port Dickinson, a suburb of Binghamton, in Broome County, NY (see NG Advantage Virtual Pipeline May be Coming to MDN’s Backyard). NG already has three businesses lined up to buy CNG (compressed natural gas) from the project. So-called virtual pipelines compress natural gas and load it onto tanker trucks, and then distribute the CNG to businesses that are not fortunate enough to be located near a natgas pipeline. It’s a cool concept that bypasses anti-drilling objections to pipelines. However, virtual pipelines have one negative side-effect for local residents: LOTS of truck traffic. The Town of Fenton Planning Board recently approved the project, and MDN can report (since we swung by the site) that bulldozers and backhoes are hard at work transforming the site, getting it ready to construct the compressor station. However, a local elementary school, more than half a mile away, decided to sue to try and stop the project (see NY School Saddles Taxpayers w/Legal Fees to Oppose Virtual Pipe). Now, a local Catholic church’s parish center, St. Francis of Assisi, has joined several nearby residents to launch their own lawsuit/petition asking a local court to halt construction…
    Read More “Church Asks NY Court to Stop Broome County CNG Virtual Pipeline”

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    Indian Tribe Fights FERC Over Tiny Pipeline in Mass.

    In March 2016, the Federal Energy Regulatory Commission (FERC) approved Tennessee Gas Pipeline’s (TGP) Connecticut Expansion project (see FERC Approves TGP Connecticut Expansion Pipeline Project). The project includes building 13.42 miles of new pipeline loops in three states: Connecticut, Massachusetts and New York. When completed, the new looping will serve an additional 72,100 dekatherms of (mostly) Marcellus Shale gas to three utility companies in Connecticut. The $86 million project is in no way connected to TGP’s now-dead Northeast Energy Direct (NED) pipeline project. However, antis continue to pitch a fit and try to block the project. Can you imagine? They don’t want a single new inch of pipeline anywhere, for any reason. They are, in a word, insane. The latest tactic is to invoke the Indian gods to try and stop it. A local Indian tribe in Massachusetts has filed paperwork with FERC accusing the agency of violating the National Historic Preservation Act by not protecting “ceremonial stone landscapes” supposedly found along the path of the pipeline. If FERC refuses to “re-hear” their decision to allow the project, the Indians say they’ll sue in court…
    Read More “Indian Tribe Fights FERC Over Tiny Pipeline in Mass.”

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    DC Court Tells Millennium FERC Can Override NY DEC Pipeline Delay

    An Appeals Court decision issued Friday has (in our opinion) HUGE ramifications for New York State and the Dept. of Environmental Conservation (DEC) that has been corrupted by political influence from Gov. Andrew Cuomo. It also has ramifications in other states with overactive environmental agencies too. It is hard for us to overstate how important we think this decision is. The NY DEC has been corrupted and politicized by one of the most corrupt governors New York has ever had: Andrew Cuomo. The Cuomo DEC has unilaterally decided not to issue 401 water crossing permits for several federally-authorized pipeline projects, including Williams’ Constitution Pipeline, NFG’s Northern Access Pipeline, and a teeny tiny 9-mile pipeline Millennium wants to build from their main pipeline to an under-construction natgas-fired electric plant in Orange County, NY, called the Valley Lateral Project. Millennium took the bull by the horns early on, when it was apparent the DEC was following the same pattern of delay and then deny, suing the DEC (see Millennium Pipeline Sues Cuomo’s Corrupt DEC Over Expansion Delay). On Friday, the U.S. Court of Appeals for the District of Columbia Circuit dismissed the lawsuit by Millennium, which at first blush may seem like a blow. But it was the reasoning and opinion of the judges in dismissing the case that may change everything in New York. The judges said there is no case because if, as Millennium says, the DEC is denying the water permits, FERC itself has the power to jump back in and simply override NY DEC and issue the permits. This is a BOMBSHELL decision. That is, it’s a bombshell if FERC (with a soon-to-be-in-place quorum) exercises its constitutional authority…
    Read More “DC Court Tells Millennium FERC Can Override NY DEC Pipeline Delay”

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    Radical Enviros Now the Tail Wagging the PA DCNR Dog re Funding

    As they so often do, radical environmentalists are creating chaos and confusion–this time in Pennsylvania. As MDN reported, earlier this week the Pennsylvania Supreme Court of Appeals, in a sharply divided 3-2 decision, sided with a virulent anti-drilling group, the Pennsylvania Environmental Defense Foundation, against the state in saying that any revenue generated from leasing and drilling on state-owned land MUST be used solely for conservation and the environment (see PA Supreme Court Hands Antis Partial Victory re State Land Drilling). The aim of the PA EDF is to disrupt Marcellus Shale drilling by any means necessary. This is one of those means. The three liberal justices who rendered the decision say the law is clear on intent–that money raised from leasing state-owned lands for drilling must be used for environmental purposes. Now the PA EDF is arrogantly telling the State of Pennsylvania that the money raised from drilling can’t be used for general operating expenses of the Dept. of Conservation and Natural Resources (DCNR)–the very organization that oversees the state lands and is in charge of said leasing. In the upcoming budget, due to be ratified by June 30th, PA Gov. Tom Wolf and the legislature had planned to use $100 million from the lease and royalty fund to “pay for DCNR’s daily operations or be transferred to another fund for statewide environmental and infrastructure projects.” But in an ominous threat, the EDF lawyer said spending money on DCNR operations “doesn’t comply with the court opinion on how the funds can be used.” Which begs the question: What in the world CAN you spend the $100 million raised from royalties and lease fees on?…
    Read More “Radical Enviros Now the Tail Wagging the PA DCNR Dog re Funding”