Sunoco Reconciles Differences with Municipalities re Mariner East
Hats off to Sunoco Logistics. In order to complete the conversion of a decades-old pipeline already in the ground, the Mariner East 1 pipeline, into flowing natural gas liquids (propane and ethane) across the state to the Marcus Hook refinery near Philadelphia, the company needs to build or upgrade 31 pump and valve stations along the existing pipeline. A legal battle ensued with resistance from many of the local municipalities, largely ginned up by scare stories from the usual sources like the Clean Air Council, THE Delaware Riverkeeper, Mountain Watershed Association and their sycophantic buddies in mainstream media outlets like PBS’ StateImpact Pennsylvania. Sunoco felt it had no option but to try and get the pipeline declared a public utility and by extension, use eminent domain to avoid local zoning ordinances. There have been plenty of legal twists and turns along the way (see our list of stories here). Sunoco has worked out their differences with 22 of the 31 townships and they are now hammering out deals with the rest. So they’ve withdrawn their application with the state Public Utility Commission (PUC) to be exempted from local zoning ordinances–no eminent domain. Anti-drillers are feverishly trying to spin this as a loss for Sunoco Logistics–that the company has “backed down” and is beaten. What it is, is a major victory for Sunoco–the pipeline will be completed (very soon) and NGLs will flow all the way to Marcus Hook…
Read More “Sunoco Reconciles Differences with Municipalities re Mariner East”
PennFuture, the anti-drilling organization that has produced three top lieutenants in the PA Gov. Tom Wolf administration (see Ripping the Face off PennFuture & It’s Former Employees), frequently uses the court system in its attempt to slow or stop the Marcellus industry. One such case was a lawsuit PennFuture filed against Ultra Resources in 2011. Ultra had eight compressor stations scattered across Tioga and Potter counties–all of them many miles apart from each other. PennFuture tried to make the legal argument that all of the compressor stations should be combined together and treated as a single entity for the purposes of the federal Clean Air Act, which would have resulted in either very expensive equipment to reduce each facility’s nitrgen oxide (NOx) output, or perhaps closed some of them down to make the combined total come in under a certain threshold. PennFuture tried to say the eight facilities are “adjacent” for the purpose of the Clean Air Act. Ultra argued adjacent means “next to,” as in sharing a border. It all boils down to what the definition of adjacent means. Earlier this week U.S. District Court for Pennsylvania’s Middle District ruled in favor of Ultra and against PennFuture…
There’s a stark difference between pro-drillers and anti-drillers. Take pro-drillers in New York State as an example. NY landowners have had their property rights stripped away by a lawless (and spineless) governor–Andy Cuomo. Yet NY landowners soldier on. When the state’s highest court handed them an unfair and crushing blow by allowing municipalities to ban drilling, they continued to make their case and use whatever means they can–within the law–to advance their cause. NY landowners hate the fact that Cuomo and the courts have bastardized the law in the Empire State, but they continue to recognize the rule of law and abide by it. They are good citizens. Let’s contrast that with anti-drillers–say those in Ohio. When a court decision goes against anti-drillers, like the recent OH Supreme Court ruling (see 
Along with acquiring Access Midstream (formerly Chesapeake Midstream), Williams has just acquired a brand new lawsuit. Two Bradford County, PA law firms along with a New Jersey law firm on Tuesday filed a RICO (Racketeer Influenced and Corrupt Organizations Act) lawsuit on behalf of 90 landowners in Bradford County against Chesapeake Energy and Williams Partners (because Williams is now the owner of what was Access Midstream) claiming Chessy and Williams/Access conspired to defraud landowners of royalty money by deducting post-production expenses they had no right to deduct…
Cases before the high courts of both New York and Pennsylvania in the past year have ruled that local municipalities can control oil and gas drilling within their borders–so-called “home rule” statutes. In the case of NY the high court went berserk and said towns can actually ban such drilling, which of course strips away private property rights guaranteed under the U.S. Constitution. In PA it was a little better, but not much. PA’s high court gutted provisions in the state’s Act 13 law making for a crazy-quilt patchwork of local zoning regulations that PA’s drillers must now navigate through. One state’s high court, however, has gotten it right. Yesterday the Ohio Supreme Court issued its long awaited ruling in the Munroe Falls v Beck Energy case (for background, see 
MDN has the low-down on proposed new federal legislation we first told you about yesterday, the Defense of Property Rights Act (see