Sixth Circuit Court Stops EPA from Implementing WOTUS Anywhere
Thank God for the U.S. Court of Appeals for the Sixth Circuit! Last Friday the Sixth Circuit issued a stay on the odious and overreaching Environmental Protection Agency (EPA)/Army Corps of Engineers’ (ECA) so-called update that redefines Waters of the United States (WOTUS) to include just about everything, including mud puddles (see EPA Power Grab: Redefines Waters of the U.S. to Include Everything). The new rule will have a profoundly negative impact on the oil and gas industry. Some 13 states sued the EPA/ACE to stop this draconian rule from going into effect. In August a federal judge temporarily blocked the new WOTUS rule to give the lawsuit brought by the 13 states a chance (see EPA’s Draconian WOTUS Rule Blocked by Federal Judge). However, the EPA, acting like petulant children, said they would move forward with implementing the rule in the other 37 states anyway. The Sixth Circuit on Friday put an end to that plan. Now WOTUS is not enforceable by the EPA, at least until the lawsuit plays out…
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On Tuesday a Medina County, OH judge ruled that the NEXUS pipeline does have a right to enter private land to survey it for possible routes for the pipeline. The judge said Ohio laws allow private companies to survey land for eventual appropriation (including eminent domain) as long as the company can prove it is an energy or utility company. The judge said the law is quite clear on that point–plain and simple to understand. The judge’s decision didn’t sit too well with the CORNballs of CORN (Coalition to Reroute Nexus pipeline). We’ve written plenty about CORN and their effort to “reroute” the NEXUS (
A Pennsylvania state judge last Tuesday dismissed a lawsuit by three Cumberland County landowners against Sunoco Logistics Partners over the company’s assertion of eminent domain to build the Mariner East 2 pipeline across their property. Sunoco is currently pumping propane through the Mainer East 1 pipeline and has plans to add a second and third pipeline next to the existing pipeline, collectively called Mariner East 2. All told, Sunoco LP is spending an eye-popping $3 billion to build out the Mariner East project which flows natural gas liquids (propane, ethane, others) from as far away as eastern Ohio to the Philadelphia-area Marcus Hook refinery. The judge, in tossing out the lawsuit, further strengthens Sunoco LP’s argument that the Mariner projects, which will distribute the NGLs flowing through them both within PA and beyond PA, is in fact a public utility under PA law and entitled to use eminent domain, if necessary, to build the project…
One reason why it takes so long to build a pipeline is the litigation necessary to make it happen. In September 2014, Dominion committed full force to building a 550-mile, $5 billion natural gas pipeline that will run from West Virginia, through Virginia and into North Carolina (see 
Last Thursday the Ohio Oil and Gas Commission issued its first order addressing the issue of forced pooling. The Commission upheld a forced pooling order against Ohio landowner Gary Teeter Trust (Ronald Roudeush is the trustee of the trust) by reaffirming that Ohio’s pooling and unitization provisions work to protect landowners–even those landowners like Roudeush who prefer not to be part of a drilling unit–by fairly compensating them. Rex Energy has leased land around the Teeter Trust (in Carroll County, OH) and sought to include 71 acres of the Teeter Trust property in a drilling unit, which Roudeush objected to and appealed. We have a copy of the decision below along with a further explanation of the case from the legal beagles at the Vorys law firm (the firm representing Rex Energy in the case)…
Only in America, and only in Ohio (slowly shaking our heads). Last Thursday, the Ohio Supreme Court voted 7-0 to force an anti-fracking ballot measure that has been on the ballot in Youngstown, Ohio four times previously to be added to the ballot once again in November–for a fifth time. Even though (as the justices acknowledge) the ballot measure itself “may be” unconstitutional, as their own court recently found (see 
It seems anti-drillers love to launch lawsuits, but when the shoe is applied to the other foot and lawsuits are filed against them, they don’t like it so much. Hypocrites. A small group of anti-drilling parents in the Mars School District in Middlesex Township (Butler County), PA–folks we call Martians–want to prevent the legal, legitimate, and now fully permitted right of Rex Energy to drill a few Marcellus Shale wells three-fourths of a mile away from the Mars School. We’ve long chronicled this battle (see 
We previously told you about anti-fossil fuel groups in three Ohio counties–Athens, Fulton and Medina–who are being used by Big Green groups to attempt an illegal “community bill of rights” routine after the Ohio Supreme Court had already found local communities can’t ban fracking. They tried again and Ohio’s Secretary of State John Husted tossed the ballot measures (see 
We have a troubling development to report about the future of drilling in West Virginia–something that has happened largely under the radar, until now. More than 200 residents in WV (likely those who don’t own the mineral rights under their land) began filing “scores” of “nuisance” lawsuits over the past couple of years against Antero Resources and Hall Drilling, in places like Doddridge County. The lawsuits claim excessive traffic, odors and noise from nearby drilling make it “impossible” for them to enjoy their homes. Each lawsuit has its own unique circumstances and should be handled separately–one size does not fit all. The troubling development is that all of these lawsuits (dozens? hundreds?) have been rolled up into one mega lawsuit that sits before the WV Mass Litigation Panel…