Supreme Court Won’t Block One Onerous EPA Reg, Jury Out on Another
EPA Administrator Michael Regan used a considerable amount of fossil energy and emitted tons of carbon dioxide to jet over to Dubai last December to participate in the COP28 confab, where he released a final rule that was “two years in the making” to force the U.S. oil and gas industry to cut methane emissions by using budget-busting new technologies and onerous (frequent) inspections (see Bidenistas Unleash Hellscape of U.S. Methane Regs at COP28). A group of 26 states asked the swamp-dwelling judges of the U.S. Court of Appeals for the District of Columbia (D.C. Circuit) to temporarily block the EPA rule while a lawsuit by the states (and others) plays out. Unsurprisingly, the swamp-dwelling judges turned the states down in July, allowing the EPA’s onerous new reg to commence (see DC Circuit Allows EPA Attack on O&G Via Methane Reg to Commence). In August, the states suing to end the regulation filed an emergency stay request with the U.S. Supreme Court (see States Asks U.S. Supreme Court to Emergency Block EPA Methane Reg). On Friday, the Supremes decided to be not so supreme after all and elected not to block the rule. Read More “Supreme Court Won’t Block One Onerous EPA Reg, Jury Out on Another”
Yesterday, the Ohio Supreme Court issued a “slip opinion” dismissing a challenge to a tiny 3.7-mile, 30-inch pipeline Columbia Gas wants to build in Maumee, a city in Lucas County, Ohio, a suburb about 10 miles southwest of Toledo. The owners of a commercial office building claimed they would suffer “irreparable financial harm” if the pipeline were built near their office building. The pipeline does not cross any land owned by the company but does cross land adjacent to the building. We searched our considerable archives (over 28,000 posts!) and found no references to this project. 
The province of Québec, Canada, with a huge supply of Utica Shale gas sitting beneath it, passed a new law in 2022 outlawing all oil and natural gas production throughout the province (see 
Today, we bring you news about a lawsuit filed just over three years ago, in September 2021, by four landowners in southwestern Pennsylvania who leased their land to Range Resources for drilling. The lawsuit is just now coming on our radar screen. Range did drill and, claims the landowners, deducted expenses from royalty checks for both methane and NGL production that were not allowed. The case is being heard in the U.S. District Court for the Western District of PA and continues to advance. On September 30, a judge certified the case as a class action with the potential to affect 204 landowners with leases containing specific language. 
The Bidenistas at the EPA attacked coal and gas-fired power plants in April, threatening to destabilize the existing electric power grid with new regulations (see 
In January, MDN told you about a long-closed landfill that seeks to reopen in Liberty and Pine Townships in Mercer County, PA (see 
In July 2022, MDN brought you news of a possible frac-out, or “inadvertent return” that happens when drilling mud pops out of places where it’s not supposed to — places outside the borehole being drilled (see 
On July 12, Williams asked the Federal Energy Regulatory Commission (FERC) for permission to bring the final pieces of the Regional Energy Access Expansion (REAE) project online by the end of July (see 
The liberal judges on the U.S. Court of Appeals for the District of Columbia issued a string of rulings this year that have greatly damaged the country’s LNG export industry. Those rulings, if left unchallenged, put future LNG growth in this country in doubt. So says energy expert David Blackmon, writing for the Forbes magazine website. The D.C. Circuit has been coloring WAY outside the lines by using White House Council on Environmental Quality (CEQ) criteria for what should be included in environmental reviews conducted under the National Environmental Policy Act (NEPA).
In 2015, a group of nearly 60 landowners in northeastern Pennsylvania who had leased their land for fracking filed a lawsuit against Chesapeake Energy, Anadarko, Statoil (now Equinor), Mitsui E&P, and Access Midstream (later bought by Williams), alleging the companies had improperly deducted post-production costs (e.g., gas gathering and transportation expenses) from royalties owed to the landowners in breach of their respective leases. The lawsuit also alleged collusion and conspiracy to defraud the landowners. The lawsuit was on hold for many years while other lawsuits played out. Earlier this year, a federal court in Scranton unpaused this lawsuit, and yesterday, the judge ruled, tossing out the landowners’ claims.
Here’s a lawsuit that flew under our radar — until now. Several landowners in West Virginia sued Jay-Bee Oil & Gas, alleging “improper royalty deductions” were made from royalty checks for post-production work from 2010 to 2023. The landowners (their lawyers) convinced a court to turn the lawsuit into a class action. Jay-Bee denies the claims in the lawsuit but has agreed to settle the dispute to avoid additional litigation by paying $42.6 million into a settlement fund established to disburse payments to participating class members.
MDN has an exclusive update on a lawsuit by several West Virginia surface landowners who are suing Diversified Energy over Diversified’s failure to plug their unproducing conventional wells. At the prompting of the Sierra Club, the landowners attempted to turn the lawsuit into a class action. Yesterday, a federal judge for the U.S. District Court for the Northern District of WV struck down the class action request, meaning a couple of surface owners from the original lawsuit can proceed with their lawsuit. The outcome won’t affect anyone else. However, a second related case and a second request for a class action are still alive.
The United States has 13 courts of appeals, also known as U.S. Courts of Appeals, that sit below the U.S. Supreme Court. These courts are organized into 12 regional circuits, each with a court of appeals, that cover the 94 federal judicial districts. One of the 13 courts — for the District of Columbia — has jurisdiction over cases involving federal agencies, including the Federal Energy Regulatory Commission (FERC). The judges of the D.C. Circuit have recently delivered a flurry of decisions that appear contradictory concerning (overturning) FERC actions.