Dealing with Pipeline Cos. – Lessons re Rover’s Eminent Domain
Two weeks ago MDN ran a story about the fact that time has run out on recalcitrant landowners in Ohio who have refused to negotiate with Rover Pipeline–and are now being sued using eminent domain (see Time’s Up – Rover Pipe Uses Eminent Domain on Holdout OH Landowners). Because of our nutty (or should we say batty) environmental regulations that require pipeline companies to clear trees only from Oct. 1 to Mar. 31 due to U.S. Fish and Wildlife regulations against disturbing nesting bats, and because the Federal Energy Regulatory Commission (FERC) was slow off the mark in approving the Rover project, the company must now clear trees in double time. There is no time left to negotiate–even though landowners have had two years to do so. As a last resort, Rover is using eminent domain procedures in court to (yes) force their way onto property and get it ready for construction this summer. Perhaps a little-known fact: Rover also runs through portions of Washington County, PA. The Pittsburgh Post-Gazette found a couple of landowners with sad stories about the big bully Rover using eminent domain against them. Look, we’re not unsympathetic. If we owned a farm (as one of the interviewees does) and they want to run the pipeline through a prized hay field, we’d likely be opposed too. However, the story highlights the fact that others in similar circumstances worked hard early on with Rover to reroute the pipeline through their property–and were successful. The moral of the story is this: the pipeline WILL come, your best chance of influencing WHERE it comes happens EARLY in the process…
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We appear to be in the final death throes of radical environmental efforts to block the construction of Mariner East 2–a $2.5 billion, 306-mile natural gas liquids (NGL) pipeline that will run from eastern Ohio through the state of Pennsylvania to the Marcus Hook refinery near Philadelphia. Last week the Pennsylvania Dept. of Environmental Protection (DEP) gave its final approval for the project (see 
You beg and plead and beg and plead. You come with your hat in your hand. You try to explain that no, the pipeline isn’t going to avoid your property, Mr. or Ms. Landowner. But some landowners refuse to negotiate. So the last resort option must be exercised. That’s the situation with Williams’ Atlantic Sunrise Pipeline in several counties in Pennsylvania–including Lancaster, Lebanon, Columbia, Northumberland and Schuylkill. The Federal Energy Regulatory Commission (FERC) issued a final certificate for Atlantic Sunrise, allowing construction to begin, just two weeks ago today (see 
We’ve written before about the thuggish nature of U.S. Fish and Wildlife Service (USFWS). The USFWS is responsible for recommending and listing varies species as threatened or endangered–empowered to do so under the Endangered Species Act (ESA). USFWS has WAY too much power under dictatorial rulers like the ignominious B.H. Obama. On September 22, 2016 the USFWS published a proposed rule to list the rusty patched bumble bee (Bombus affinis) as “endangered” under the ESA. The rusty patched bumble bee is found in the Midwest and eastern parts of the U.S. If it gets listed, it will have SIGNIFICANT impacts on drillers and midstreamers (see 
Paul Sidorek, an accountant representing some 60 northeastern Pennsylvania landowners who receive royalty income from drilling, is also a landowner himself. In 2009 Sidorek leased 145 acres, a lease that was eventually sold to Chesapeake Energy. Because of the troubles encountered by others, Sidorek wrote into his lease a 20% royalty and made sure the lease explicitly stated that no expenses could be deducted from the sale of the gas produced on his property. That is, NO post-production expenses could be deducted. And yet, Chesapeake disregarded the lease and deducted as much as 30 percent from his royalties, attributing it to “gathering” and “third party” expenses, an amount that adds up to some $40,000 a year (see 
In August 2013 an extensive investigative article about a then-director for the Pennsylvania Game Commission, William A. Capouillez, appeared in the Philadelphia Inquirer (see 
In January 2016, Invenergy announced their intention to build a natgas-powered electric plant in Elizabeth Township, in Allegheny County (see 
In December the Bureau of Land Management proceeded with an online auction for BLM-controlled land in Ohio’s Wayne National Forest (see 
In December MDN reported on the huge West Virginia Supreme Court decision against driller EQT that disallows EQT from deducting post-production expenses from royalty checks, even with signed contracts in place (see 
In May 2015 Obama’s rogue Environmental Protection Agency (EPA) along with the Obama U.S. Army Corps of Engineers (USACE) released a finalized rule clarifying what “Waters of the United States” (WOTUS) means vis a vis what can be regulated under the federal Clean Water Act (see 
For years MDN has reported on a lingering/ongoing story of a community in western Pennsylvania (in Butler County) who say that nearby drilling by Rex Energy led to contamination of their well water supplies (see 
You would think if consumers want natural gas, and private companies are willing to build the pipelines to get the gas to their homes and businesses, such a thing would be possible here in the Land of the Free and the Home of the Brave. However, a trade organization in Connecticut tried to block such activity–in court. What makes it doubly distressing is that the trade organization opposing new natgas pipelines represents heating oil distributors (a sister fossil fuel), afraid that they may lose market share to natural gas. So trade group filed a lawsuit to prevent a state initiative that would expand the state’s natural gas pipeline network. Shame on them. Fortunately the Connecticut Supreme Court ruled–and the heating oil distributors lost…