OH Lawsuit Tries, Fails to Stop Mariner East 2 Pipeline
The Mariner East 2 (ME2) Pipeline has always been a story about Pennsylvania. Almost always. ME2 is actually two pipelines, laid side by side, that are meant to carry natural gas liquids (propane and butane) from southwestern Pennsylvania and eastern Ohio all the way across PA to the Philadelphia area–terminating at the Marcus Hook refinery/terminal. Most (not all) of the NGLs are exported to other countries. And therein lies the bone of contention. ME2 was granted status as a public utility and with it, the right to use eminent domain to force landowners to allow the pipeline across their property. Some landowners resisted, and (with help from anti groups) sued, repeatedly, claiming there is no public benefit from NGLs that get exported to other countries. They do have a point. So ME2 built four “off ramps” in PA–points where propane and butane will be purchased and used locally, which helps justify the public utility/eminent domain claim. Until now we’ve always read about lawsuits against ME2 originating in PA, where 95% of the pipeline will be built. However, there was a vigorous challenge to ME2 in Ohio on the same grounds–that ME2 is not in the public interest. That lawsuit argued, among other things, there are no “off ramps” in Ohio where the NGLs will be sold and used. However, a lower court and then an appeals court didn’t buy that argument and ruled against the landowner and in favor of ME2. That case appears dead, but it was appealed to the Ohio Supreme Court (no decision yet on hearing the case). This post will catch you up on the arguments for and against ME2 and its claim to be a public utility with the right of eminent domain in Ohio…
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In January 2014 MDN brought you the story that due to incessant nagging from the NJ Sierra Club and the NJ League of [Liberal Democrat] Women Voters the Pinelands Commission, which oversees a stand of scrub pines in South Jersey, nixed a plan for a new natural gas pipeline to bring cheap, clean, abundant Marcellus Shale natural gas to South Jersey for use by residents and to feed an electric plant a local utility wants to convert from burning coal to natgas (see 
Two weeks ago MDN brought you the news that not only has the Pennsylvania Dept. of Environmental Protection (DEP) issued final permits for two new injection wells in the state, they also sued the two townships where those permits were granted because the towns had adopted home rule laws that are illegal, in contravention to state law that give power to permit and control injection wells to the DEP only–not to local municipalities (see 
In January 2016, Kinder Morgan committed to building the UTOPIA (Utica To Ontario Pipeline Access) pipeline, a 12-inch ethane pipeline that will run ~240 miles across the state of Ohio where it will connect with another pipeline and (eventually) flow ethane all the way to a cracker plant in Canada (see 
This is a story we have not previously covered on MDN. It goes back to 2010 and involves two of the biggest Marcellus/Utica drillers–although in this case the issue is not related to the Marcellus/Utica. Landowners in southwestern Virginia previously sued both EQT and CONSOL Energy’s CNX subsidiary over charges that EQT and CNX shorted landowners out of royalties owed to them, claiming post-production expenses, deductions for severance taxes, etc. that should not have been taken. The wells drilled were conventional wells–some 3,347 EQT wells and 4,261 CNX wells. The vertical wells targeted methane extraction from coal seams–not horizontal wells through shale, which is far more common today. Some lawsuits were green lighted as class action cases in 2013, with a potential for “thousands of landowners” to participate in sharing $30 million in payouts. Last week a federal judge certified three of the five class action lawsuits, allowing them to move forward…
Big news broke Friday afternoon. Short history lesson for those who are new to MDN: There were 14 families along the Carter Road area of Dimock Township, PA (Susquehanna County) that reportedly experienced turbidity in their water from methane migrating, supposedly from Cabot’s drilling operations nearby. The state Dept. of Environmental Protection (DEP) investigated in 2010 and declared Cabot guilty and imposed stiff fines and requirements, including a requirement to install permanent water treatment systems at each home and even an offer to each of the families to pay twice what their property was worth at the time (see 
As sometimes happens, Williams has had to file 27 eminent domain lawsuits against landowners in northeastern and central Pennsylvania–landowners who have refused to negotiate with the company to allow the now FERC-approved Atlantic Sunrise Pipeline to cross their property. We understand the reluctance of some landowners who would rather not have the pipeline cross their property. But we also understand the necessity of the project–and the need to be reasonable. Some landowners are not reasonable. And so eminent domain is a rare, option-of-last-resort necessity in those cases. But don’t shed too many tears for landowners now being sued. One PA landowner in Luzerne County (Wilkes-Barre area) was originally offered $260,000 for an easement on 7.6 acres of land ($34,211/acre!). He refused. The price has now dropped to $225,000. Guess he should have signed before eminent domain was on the table…
In 2014 MDN brought you the interesting story of strippers in the Marcellus–stripper wells, that is (see 
As MDN reported, last week U.S. District Judge Robert Mariani ruled against a Wayne County landowner in a lawsuit that challenged the right of the Delaware River Basin Commission (DRBC) to stop fracking in the Delaware River Basin (see 
Good news for Pennsylvania drillers: the PA Dept. of Environmental Protection (DEP) finally, after years of review, granted permission to two different companies to operate two new wastewater injection wells in the Keystone State. One well is located in Elk County, the other in Indiana County. With these two new injection wells coming online, the state will have a total of eight operating injection wells (vs. hundreds in Ohio). You may have seen news about the newly authorized injection wells from other news sources yesterday. But you read MDN for “the rest of the story.” And here it is, something you won’t find anywhere else (until other news sources read MDN): As soon as the DEP issued the permits for the injection wells, the DEP filed lawsuits against the two townships where the injection wells will be located, because both of those townships–Highland Township in Elk County, and Grant Township in Indiana County–had previously passed so-called Home Rule Charters in an attempt to prevent the injection wells from being located in their towns. The DEP has sued each of them (copy of the Highland lawsuit below) to correct laws that attempt to prevent the DEP from doing its job in authorizing the injection wells. We have the full news of the DEP’s decision to permit the injection wells, along with details about the lawsuits, below…
Last week MDN brought you the news that a federal judge had dismissed a case brought by the Constitution Pipeline against the New York Dept. of Environmental Conservation (DEC) over the issue of denying water crossing permits for the project (see 
In May 2016 a landowner in Wayne County, PA–in the Delaware River Basin–filed a lawsuit against the Delaware River Basin Commission (DRBC) asking a judge to declare the DRBC does not have jurisdiction to prevent construction of a natural gas well (see 
Radical green agitating groups, including the Sierra Club, Lancaster Against Pipelines, Lebanon Pipeline Awareness, Allegheny Defense Project, Clean Air Council, Concerned Citizens of Lebanon County, and Heartwood, have filed a lawsuit in the liberal U.S. Court of Appeals for the District of Columbia in an attempt to block construction of the $3 billion Atlantic Sunrise Pipeline project in Pennsylvania. Instead of waiting for the Federal Energy Regulatory Commission (FERC) to consider a so-called re-hearing of their decision to authorize Atlantic Sunrise, a group of radical green organizations are jumping the queue and going directly to court, demanding that a judge stop construction until a quorum is in effect at FERC. Yes, it’s all complicated. We’ll break it down for you. What you need to know up front is that more Big Green money is behind the lawsuit to stop Atlantic Sunrise…
As we reported yesterday, a federal judge dismissed a lawsuit filed a year ago by THE Delaware Riverkeeper against the Federal Energy Regulatory Commission (see 
Ryan Regec owns 78 acres in Schuylkill County, PA (eastern part of the state). He plans to subdivide the property into smaller properties and sell the building lots–but the Atlantic Sunrise Pipeline is coming through a portion of the property, and Mr. Regec says that means he can’t subdivide and sell it the way he planned. Regec has, in the past, allowed surveyors from Atlantic Sunrise on his property–but recently has refused. Atlantic Sunrise (i.e. Williams) took him to court to force access to complete their surveys, and Williams just won. A judge for the U.S. Middle District Court in PA issued an order allowing Atlantic Sunrise access. A spokesman for the pipeline says the pipeline will only cut through a small portion of Mr. Regec’s 78 acres. Regec claims his subdivision plans will be destroyed. Who’s right?…
Last year an elaborate midstream drama unfolded before our very eyes. Energy Transfer Equity (ETE) pushed and prodded and poked and cajoled and insisted, and finally with the help of an inside corporate raider, forced Williams to agree to a buyout/merger (see