D.C. Circuit Dismisses Eminent Domain Lawsuit Against MVP & FERC
Yesterday, the U.S. Court of Appeals for the District of Columbia (D.C. Circuit) delivered a HUGELY important decision. In April 2023, the U.S. Supreme Court breathed new life into a long-running lawsuit funded by Big Green groups using (abusing) a small group of uppity Virginia landowners who argue the Federal Energy Regulatory Commission (FERC) had no right to delegate authority to Mountain Valley Pipeline (MVP) to use eminent domain to cross land, including the land owned by the small group of uppity landowners in Virginia. The aim of the lawsuit is to prevent any private company from using eminent domain ever again to build public infrastructure — a true disaster of national importance. The D.C. Circuit said in an opinion yesterday that it lacks jurisdiction to rule on the matter, meaning it’s “case closed,” and MVP can finish up the final little bits (it’s about 99% done now).
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Here’s the kind of thing you don’t want to read about. Utility giant National Fuel Gas Company, headquartered in Buffalo and parent to Seneca Resources and NFG Midstream (and Empire Pipeline), is suing a former employee and several vendors for buying and installing counterfeit parts at several compressor stations. One such part caused the temporary shutdown at one compressor station in New York’s Southern Tier when the part failed to work correctly.
A leftist anti-fossil group calling itself Protect PT, in Penn Township (Westmoreland County), PA, backed with big money from Big Green groups, has for years challenged Penn Township ordinances that allow Apex Energy and Huntley & Huntley (now Olympus Energy) to drill and operate shale wells. Protect PT finally struck out legally at the Pennsylvania Supreme Court in May 2020 (see
Hopefully, we’re near the end of an effort to overturn a bill passed in early 2022 by the West Virginia legislature, Senate Bill (SB) 694, which finally brought forced pooling for shale wells to the Mountain State after eight years of trying (see
Score a (very) minor victory for the radicals of a Little Green Group (funded with money from Big Green groups) called Protect PT. Last October, a lawsuit brought by Protect PT against a second injection well planned for Plum Borough (Allegheny County), PA, had oral arguments before the state’s Commonwealth Court (see
Last Friday, Joementia announced he is putting “a temporary pause on pending decisions of Liquefied Natural Gas exports.” The reason? The so-called “climate crisis” is “the existential threat of our time.” It’s all rubbish. The real reason is that he bowed to radical leftists in his own party. He needs them if he has a prayer of a chance of winning reelection in November (God forbid). The action supposedly affects 17 projects in the pipeline that have requested approval from the Dept. of Energy to export LNG to countries without free-trade agreements. But now, antis say Biden’s pause can potentially help them with their existing lawsuits against facilities already approved by the DOE.
The province of Quebec, Canada, with a huge supply of Utica Shale gas sitting beneath it, passed a new law in April 2022 — Bill 21 — outlawing all oil and natural gas production throughout the province (see
Anti-fossil fuel fanatics in Ohio (and beyond) still can’t accept that they lost a battle to block drilling under (not on) Ohio state-owned land, including some Ohio state parks. In November, the Ohio Oil & Gas Land Management Commission (OGLMC) met in a public forum and voted to allow shale drilling under three state-owned tracts of land: (1) all 20,000 acres of Salt Fork State Park in Guernsey County, (2) more than 300 acres of Valley Run Wildlife Area in Carroll County, and (3) 66 acres of the Zepernick Wildlife Area in Columbiana County (see
Here’s a story we haven’t written about in over three years. American Water Management Services (AWMS) owns a wastewater injection well in Trumbull County that supposedly caused a low-level earthquake (that nobody could feel) in 2014. Actually, there are two injection wells located at the site, both operated by AWMS. They were both “temporarily” shut down by the Ohio Dept. of Natural Resources following the quake nobody could feel (see
Antero Resources is one of the largest drillers in the Marcellus/Utica (with major assets in West Virginia). As good and careful as companies like Antero are when hiring, sometimes there’s a rotten apple found in the barrel. Such was the case with a former employee who headed up the company’s operations in WV — where most of its drilling happens. The former employee took bribes and kickbacks from a vendor over a period of years (2012-2015), steering contracts to that vendor. The vendor’s performance was not as good as other competitors. At the end of years of litigation, Antero was finally awarded compensation from a jury, and a bit extra from a judge, to make up for the actions of their rogue employee (see
For years, anti-fossil fuel haters have made the same false claims: Drilling and fracking will destroy the environment, contaminate your water, make you sick, and create death and destruction everywhere it’s tried. Then, a responsible driller, like Olympus Energy, comes along and drills wells not far from the lefties in Pittsburgh, and none of those things happen. The air is fine, the water is fine, and nothing gets polluted or contaminated. In other words, the left’s wild claims are exposed as outright lies. But that doesn’t stop the left, funded by shadowy sources, from continuing to sue and challenge time and again — even AFTER shale wells are already drilled and online!
In October 2020, a law firm filed a lawsuit on behalf of several Cabot Oil & Gas shareholders against Cabot (now Coterra Energy), claiming the company “had inadequate environmental controls and procedures and/or failed to properly mitigate known issues related to those controls and procedures,” and that the company “failed to fix faulty gas wells which polluted Pennsylvania’s water supplies through stray gas migration,” and that the company, in general, hid all of this from the public — namely from investors (see