Constitution Pipeline Case Goes to Court in 2 Weeks, Briefs Filed
You may recall that in April, New York’s anti-drilling governor, Andrew Cuomo, decided he would cave to pressure from radical environmentalists once again and block the building of the federally-approved Constitution Pipeline (see NY Gov. Cuomo Refuses to Grant Permits for Constitution Pipeline). Cuomo’s toadies at the Dept. of Environmental Conservation (DEC) denied the Constitution the permits it needs to cross creeks and swamps. That was finally enough for Williams and the other partners in the project, who promptly sued NY in federal, NOT state, court (see Williams Sues NY Over Constitution Pipe – DEC May Lose Authority). The court venue is important, because in NY our court system at the highest level is corrupt–the governor appoints judges and those judges like their big-salary jobs and want to get reappointed–so they “decide” cases the way Andy wants them decided (see Shale Drilling in NY is Over – High Court Upholds Town Bans). We’ve predicted, repeatedly, that the NY DEC runs the very real risk of being removed from the decision process when it comes to federally-approved pipeline projects. If they lose the Constitution case, they will no longer have a role to play. Even the libs at Bloomberg think the DEC has a weak case (see Bloomberg Predicts Court Will Strip NY’s Right to Stop Constitution). We’re now two weeks away from the court hearing date and Williams has filed a couple of briefs blasting the DEC (copies below), and the DEC has filed a brief responding (copy below). It’s turning into a legal brawl. Warning to Williams: be prepared to fight like a New York street-fighter. Fortunately, the case sits in U.S. Circuit Court of Appeals and not the NY Court of Appeals (NY’s highest court)…
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On Monday, October 24, 2016, the Third Circuit Court of Appeals (in Western Pennsylvania) ruled that Marcellus driller ECA (Energy Corporation of America) did not prove a need for a new trial in the case it previously lost. Pennsylvania landowners sued ECA in federal court beginning in 2010, saying their royalty checks were shorted because ECA was improperly deducting post-production costs. Sound familiar? In February 2013 a federal judge upheld a split decision that said most of what ECA was deducting was OK, but the one thing they can’t deduct from royalty checks are charges for interstate pipeline transmission (for the full story, read our post 
You may recall that for some time we’ve been following the back and forth between Range Resources and their (former) wastewater impoundments in Washington County, PA. The PA Dept. of Environmental Protection (DEP) fined Range a whopping $4.15 million for violations in September 2014 (see 
Two weeks ago the Marcellus Shale Coalition (MSC) filed a court challenge to the Pennsylvania Dept. of Environmental Protection’s (DEP) onerous new Marcellus drilling regulations (see 
A landowner in northeastern Pennsylvania signed a lease with Southwestern Energy, leasing her property for shale gas drilling. Southwestern eventually showed up and drilled a well on her property. But the landowner then said the drilling was too loud, and lights at night too bright, and it disturbed her “peace of mind”–so she sued Southwestern for eight weeks of “peace of mind” disruption and a prescription for Xanax. Fantastically, a judge is letting the lawsuit proceed. Earth to landowners: When drillers show up, it’s an INDUSTRIAL activity. It’s loud. There’s lots of trucks. There’s lights at night. And in a month or two, it all goes away. And when the royalty checks arrive in the mail, you’ll forget all about the inconveniences. So what’s really going on in this case?…
“What is all the fuss over Pennsylvania’s Chapter 78a drilling rules going into effect anyway? We mean, come on, those rules were hashed out over the past five years! Can’t the drilling industry just bend over and take it like a man? It can’t be all that bad, can it?” With pleasure, we bring you a response to that line of thinking–a line of thinking YOU may have thought! The writer, Colin McNickle, is a former editorial page chief for the superb Pittsburgh Tribune-Review. McNickle tackles Chapter 78a head-on in this excellent rebuttal. It is nothing short of a declared war on shale gas and oil…
A couple of legal beagles from the Fox Rothschild law firm (in NJ) are sounding the alarm that two bankruptcy court decisions in New York State are threatening to up-end the midstream industry across the country. We tend to agree with them. Earlier this year, MDN brought you the news that a NY bankrutpcy court judge had allowed Sabine Oil & Gas, going through bankruptcy, to cancel a pipeline gathering contract with Cheniere’s Nordheim Eagle Ford Gathering in Texas (see 
The table has been turned on Massachusetts Attorney General Maura Healey and her corrupt co-conspirator, New York Attorney General Eric Schneiderman. A U.S. District Court Judge in Texas has granted Exxon the right to examine “internal phone records, other communications and depositions” related to Healey’s involvement in attempting to persecute Exxon Mobil for daring to say man-made global warming may not be all it’s cracked up to be. Perhaps the judge will also extend his order to NY AG Eric Schnedierman too? That would be terrific. At a minimum, when Exxon goes fishing, no doubt communications (i.e. corrupt collusion) between Healey and Schneiderman will be found and exposed to the light of day for all to see. In our wildest dreams both AGs will be forced to resign–an appropriate action considering their rabidly radical views against, and attempts to criminalize, fossil fuels. Here’s the low down on what the judge said and did…
In September the Ohio Supreme Court finally ruled on a series of cases involving the state’s Dormant Mineral Act, or DMA (see