FERC Says “No” to Anti’s Request for Cove Point LNG Re-hearing
In December MDN told you about the latest strategy from the anti-fossil fuel nutters at Allegheny Defense Project and Wild Virginia–an attempt to get another hearing on Dominion’s Cove Point LNG export facility (see Anti Groups Ask FERC to Stop Construction on Cove Point LNG Plant). Before the two can file yet another frivolous lawsuit with the aim of tying up progress on the plant in legal knots, they must first apply for a “rehearing.” They did so and requested the Federal Energy Regulatory Commission (FERC) have Dominion stop work on the plant in the meantime. FERC said “no” to stopping construction, and “we’ll get back to you in our own good time” on the rehearing. Five plus months later (yesterday) FERC responded, and as we predicted, they handed Allegheny Defense Project and Wild Virginia a big, fat “no” to the rehearing request. You can bet the frivolous lawsuit will get filed within the next few days…
Read More “FERC Says “No” to Anti’s Request for Cove Point LNG Re-hearing”
The shakedown is complete. In June 2012 Reuters tried to stir up trouble against Chesapeake Energy by broadcasting “leaked” (Watergate anyone?) emails that somehow magically appeared on the Reuters doorstep that supposedly show Chesapeake trying to collude with Encana Energy to keep the price of Michigan state land oil and gas leases artificially low (see 
This is a strange and complicated tale that boils down to this: Aubrey McClendon has a singular talent for finding and taking money from people who later turn around and stick a knife in his back. You may remember in February the story we brought you that Chesapeake Energy had sued its former co-founder, Aubrey McClendon, claiming he stole data on his way out the door (see 
Three weeks ago anti-drillers in the Cleveland suburb of Broadview Heights were handed a crushing defeat in which a County Common Pleas Court judge struck down a so-called community “bill of rights”–the only “right” of which was to deny legitimate oil and gas drillers the ability to conduct business. We pointed out what sore losers anti-drillers are (see 
A court case decided earlier this week by New York’s Court of Appeals (NY’s highest court), will, in our opinion, have a profoundly negative effect on oil and gas development in the state, forever. Or until another court case overturns it (which seems very unlikely). The case, as its core, is about the question of whether or not state action or inaction constitutes an extraordinary action, in essence an Act of God outside of the control of parties who sign a contract. Years ago landowners signed leases to allow oil and gas drilling, often for a few bucks and acre, long before Marcellus and fracking were common, household words. Then came delay after delay in New York–from the governor–and eventually a more or less semi-permanent ban on fracking. Energy companies argued that the leases they had signed could be extended until the day they are allowed to drill in the Marcellus because of “force majeure”–the concept that due to circumstances beyond our control we could not drill as we intended during the original term of the lease, usually five years. The NY Court of Appeals on Tuesday decided that the state preventing drilling does not qualify as force majeure after the original five-year period of a lease (full copy of the decision below). If the original lease was extended for some reason and then the driller was prevented from drilling during the extended time due to state laws preventing it, it’s not force majeure in the eyes of the “wise” justices in Albany…