Litigation

Anti-Drilling/Fossil Fuel | Industrywide Issues | Litigation

Court Tosses Kids’ Climate Lawsuit Against Trump Fossil Fuel EOs
June 3, 2026June 3, 2026

The U.S. Court of Appeals for the Ninth Circuit on Tuesday upheld the dismissal of a lawsuit brought by 22 “youths,” aged 7 to 25 (kids used as a prop by Big Green groups), challenging three Trump executive orders promoting fossil fuel production and domestic energy investments. The appeals panel affirmed that the plaintiffs lacked standing, finding they failed to demonstrate the executive orders directly caused their injuries and could only speculate about future agency actions to implement those orders. Read More “Court Tosses Kids’ Climate Lawsuit Against Trump Fossil Fuel EOs”
Energy Services | Industrywide Issues | Kinder Morgan | Litigation | Pipelines | South Carolina

KM Forced to Take SC Landowners to Court to Allow Pipe Surveys
May 29, 2026May 29, 2026

In April 2025, MDN told you about a new greenfield expansion of Kinder Morgan’s (KM) Elba Express pipeline into South Carolina to serve growing demand for natural gas in the state (see KM Pipes Update: Expand Elba to SC; SSE4 Survey Work Done). The $431 million Elba Express Bridge project is designed to provide 325 million cubic feet per day (MMcf/d) of firm transportation capacity to a new gas-fired power plant in Colleton County, SC (see SC PSC Approves Gas-Fired Power Plant Proposed for Edisto River). KM sent letters to 185 landowners in South Carolina along the proposed route, requesting permission to survey their land for the project (see SC Landowners Receive Notice of Survey Work for Elba Express Pipe). Some 60 of those landowners have refused permission, forcing KM to take them to court. Read More “KM Forced to Take SC Landowners to Court to Allow Pipe Surveys”
Diversified Energy | Energy Companies | EQT Corp | Industrywide Issues | Litigation | Taxation | Virginia | Wise County

EQT & Diversified Win Va. Supreme Court Case Lowering Tax on Assets
May 27, 2026May 27, 2026

The Virginia Supreme Court issued a ruling last Thursday with far-reaching consequences not only for the plaintiffs who won the case (EQT and Diversified Energy) but also for other conventional and, if it ever develops, shale drillers in the state. EQT and Diversified sued Wise County, VA, alleging that Wise County’s method of valuing their assets in the county overvalued them, resulting in a much higher tax bill. The Supremes agreed and sent the case back to a lower court to rework the valuations. Read More “EQT & Diversified Win Va. Supreme Court Case Lowering Tax on Assets”
Anti-Drilling/Fossil Fuel | Energy Services | Industrywide Issues | Litigation | Pipelines | Regulation | Williams

Big Green, NY DEC File Separate Lawsuits to Block Constitution Pipe
May 26, 2026May 26, 2026

Well, you knew this was going to happen. Last week, a group of disgusting Big Green groups and the New York State Attorney General both filed separate lawsuits in the U.S. Court of Appeals for the Second Circuit (2nd Circuit), challenging the Federal Energy Regulatory Commission’s (FERC) decision to resurrect the Constitution Pipeline under the existing (but dormant) docket. NY AG Tish James, representing the Department of Environmental Conservation (DEC), argues that a brand new review should be done by the state to evaluate the project for compliance with the federal Clean Water Act. You may recall that NY previously lost its right to evaluate the Constitution project by stretching out its review for years, causing FERC to overrule NY (see Victory! FERC Overrules NY DEC to Allow Constitution Pipeline). Read More “Big Green, NY DEC File Separate Lawsuits to Block Constitution Pipe”
Anti-Drilling/Fossil Fuel | Energy Services | Industrywide Issues | Litigation | North Carolina | Pipelines | Regulation | Transco | Virginia | Williams

4th Circuit Panel Rejects Antis’ Plea to Block Transco SESE Work
May 21, 2026May 21, 2026

One week ago, MDN told you that a three-judge panel from the U.S. Court of Appeals for the Fourth Circuit (4th Circuit) heard oral arguments from Big Green asking the court to block construction of Williams’ Transco Southeast Supply Enhancement Project (SESE) while a court case challenging permits issued for the project grinds slowly through the legal system (see 4th Circuit Judge Tells Antis to Post a $100M Bond to Block Pipe). This past Monday, the judges politely (in legalese) told Big Green to kiss off. Read More “4th Circuit Panel Rejects Antis’ Plea to Block Transco SESE Work”
Anti-Drilling/Fossil Fuel | Energy Services | Industrywide Issues | Litigation | North Carolina | Pipelines | Regulation | Transco | Virginia | Williams

4th Circuit Judge Tells Antis to Post a $100M Bond to Block Pipe
May 14, 2026May 14, 2026

It seems that not all of the judges who sit on the U.S. Court of Appeals for the Fourth Circuit (4th Circuit) are clowns, the way the three judges who oversee cases dealing with the Mountain Valley Pipeline (MVP) Southgate project are (see 4th Circus Clown Judges Badmouth MVP Southgate in Oral Arguments). Another major pipeline project that, in some senses, competes with Southgate, Williams’ Transco Southeast Supply Enhancement Project (SESE), is also being sued by Big Green to block it (see Big Green Sues to Cancel Water Permit for Transco SESE Project). The case is also before the 4th Circuit, where oral arguments were heard yesterday. The SESE case is being heard by three judges different from those hearing the Southgate case. Read More “4th Circuit Judge Tells Antis to Post a $100M Bond to Block Pipe”
Delaware County | Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Statewide NY

How Much Will New York Pay if It Loses Frack Ban Lawsuit?
May 14, 2026May 14, 2026

About a month ago, MDN brought you the exciting news that a father and son who own land in Upstate New York (not far from MDN HQ) have sued New York State for “taking” their right to allow shale drilling and fracking under their land (see New Lawsuit Brought Against NY Claims State Frack Ban a “Taking”). No doubt the lawsuit will take years to play out, but at the end of it all, if the state loses and is forced to pay landowners (not just these two, but all affected landowners), how much money are we talking about? Read More “How Much Will New York Pay if It Loses Frack Ban Lawsuit?”
Energy Companies | Equinor/Statoil | Industrywide Issues | Litigation | Statewide WV | Taxation | West Virginia

WV Supreme Court Delivers Major Decision on O&G Severance Tax
May 4, 2026May 4, 2026

The West Virginia Supreme Court of Appeals ruled in favor of Equinor USA Onshore Properties Inc. (formerly Statoil) in a multi-million dollar tax dispute last Friday. The case has major implications for how the state calculates severance taxes for natural gas liquids. The decision reversed an intermediate court’s procedural dismissal, entitling Equinor to over $19 million in tax refunds for the years 2014, 2015, 2016, 2018, and 2019. The dispute centered on the definition of “gross proceeds” and the timeliness of administrative appeals in a years-long battle with the West Virginia tax commissioner. Read More “WV Supreme Court Delivers Major Decision on O&G Severance Tax”
Anti-Drilling/Fossil Fuel | Energy Services | Equitrans/EQT Midstream | Industrywide Issues | Litigation | North Carolina | Pipelines

Surprise! 4th Circus Clown Judges Allow MVP Southgate Construction
April 30, 2026April 30, 2026

Just yesterday, MDN told you that three left-wing judges from the 4th Circuit (“Circus”) who hate the Mountain Valley Pipeline (MVP) were back at it, badmouthing an extension of MVP into North Carolina, called Southgate (see 4th Circus Clown Judges Badmouth MVP Southgate in Oral Arguments). Their comments to attorneys for MVP Southgate during oral arguments exposed their bias. Big Green groups sued to overturn permits issued by North Carolina and Virginia for the project. Southgate is ready to begin construction, but a temporary “stay” was issued on March 30 while this lawsuit plays out. In a surprise decision, the clown judges lifted the stay last night, allowing construction to start. Read More “Surprise! 4th Circus Clown Judges Allow MVP Southgate Construction”
American Water Management | Energy Services | Industrywide Issues | Litigation | Ohio | Regulation | Trumbull County | Wastewater

OH Supreme Court Rules Against AWMS Injection Well Compensation
April 30, 2026April 30, 2026

We’ve been tracking a story that we consider an ongoing tragedy for more than a decade. American Water Management Services (AWMS) owns a wastewater injection well in Trumbull County, Ohio, 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 Department of Natural Resources (ODNR) following the quake nobody could feel (see ODNR Temporarily Shuts Down Injection Wells After Low-Level Quake). ODNR allowed AWMS to reopen one of the injection wells but denied it the right to reopen the second well. AWMS said it makes no economic sense to reopen just one of the wells and has been locked in a legal battle to reopen the shuttered well and get compensated by the state for forcing it out of business (missed revenues). Sadly, the Ohio Supreme Court ruled in favor of the state against AWMS, denying them money for the state’s “taking” of their property. Read More “OH Supreme Court Rules Against AWMS Injection Well Compensation”
Energy Services | Equitrans/EQT Midstream | Industrywide Issues | Litigation | North Carolina | Pipelines | Regulation | Virginia

4th Circus Clown Judges Badmouth MVP Southgate in Oral Arguments
April 29, 2026April 30, 2026

Quick, send in the clowns. Don’t bother, they’re here. We’re referring to three extremely liberal Democrat judges who sit on the U.S. Court of Appeals for the Fourth Circuit (4th Circuit). These three judges, for years, blocked the construction of the 303-mile Mountain Valley Pipeline (MVP) until an Act of Congress forced them to back off and allow it to get built (see 4th Circuit Sees the Light, Dismisses Remaining Two MVP Lawsuits). These three are now considering a request from their donors (Sierra Club, Appalachian Voices, et. al.) to block the construction of an extension of MVP from Virginia into North Carolina, called Southgate. The early signals are that the clowns will do just that. Read More “4th Circus Clown Judges Badmouth MVP Southgate in Oral Arguments”
Industrywide Issues | Litigation | Ohio | Pipelines | Stark County | Taxation

Ohio’s Inflated Rover Pipeline Tax Case Lingers in Court
April 28, 2026April 28, 2026

Last December, MDN told you that Rover Pipeline had to file a lawsuit in self-defense against the Ohio Tax Commissioner for her overly aggressive property tax assessment that inflates the project’s market value, causing it to pay too much in property tax (see Ohio Tax Commissioner Putting New O&G Pipelines at Risk). The dispute centers on the state treating $2.2 billion in weather-related construction overruns and an unrealistic “infinite lifespan” assumption as value-adding assets, violating constitutional principles of fair market valuation, under which taxes should reflect what a willing buyer would pay rather than total development costs. The problem is, school districts and various municipalities thought they were going to get an extra windfall and are now in trouble because of their own poor planning and unrealistic expectations. Read More “Ohio’s Inflated Rover Pipeline Tax Case Lingers in Court”
Anti-Drilling/Fossil Fuel | DeepRock Disposal | Energy Services | Industrywide Issues | Litigation | Ohio | Washington County (OH) | Wastewater

OH Court Signals Dismissal of Lawsuit Against 2 Injection Wells
April 24, 2026April 24, 2026

Last November, the Buckeye Environmental Network, backed by lawyers from the controversial Earthjustice, sued the Ohio Department of Natural Resources (ODNR) over permitting two new shale wastewater injection wells in the Marietta area, claiming the standard used to evaluate the wells was old and out-of-date (see Antis Sue ODNR for Approving 2 Injection Wells Near Marietta, OH). The court involved, the Franklin County Court of Appeals, recently signaled it intends to dismiss Buckeye’s frivolous lawsuit. Read More “OH Court Signals Dismissal of Lawsuit Against 2 Injection Wells”
Anti-Drilling/Fossil Fuel | Energy Services | Industrywide Issues | Litigation | North Carolina | Pipelines | Regulation | Transco | Virginia | Williams

Big Green Sues to Cancel Water Permit for Transco SESE Project
April 23, 2026April 23, 2026

Earlier this year, the Federal Energy Regulatory Commission (FERC) approved the Williams Transco Southeast Supply Enhancement Project (see FERC Approves Williams Transco SESE Pipeline Project for VA, NC). The $1.5 billion SESE project will add 1.6 million dekatherms per day (1.6 Bcf/d) of natural gas transportation capacity, equivalent to serving approximately 9.8 million homes. It will be built in the same general area as the proposed Mountain Valley Pipeline (MVP) Southgate project, starting near Chatham, Virginia, and ending near Eden, North Carolina. Five environmental groups have sued to overturn a federal permit granted to Transco for the SESE project. Read More “Big Green Sues to Cancel Water Permit for Transco SESE Project”
Delaware County | Industrywide Issues | Litigation | New York | Regulation | Statewide NY

NARO “Joins” Legal Fight Against NY in Frack Ban Takings Case
April 21, 2026April 21, 2026

It’s fun to watch mainstream media begin to wake up to the lawsuit we told you about last week, filed by a father and son against New York State over its fracking ban (see New Lawsuit Brought Against NY Claims State Frack Ban a “Taking”). Mainstream and the anti-fossil fuel crowd are concerned about this lawsuit, viewing it as an existential threat that may (one day) overturn NY’s frack ban. The Pacific Legal Foundation (PLF) is representing the father/son free of charge in this lawsuit. The National Association of Royalty Owners (NARO) is joining the PLF in this action, signaling that royalty owners are getting involved in the effort to roll back frack bans. Read More “NARO “Joins” Legal Fight Against NY in Frack Ban Takings Case”
Allegheny County | Anti-Drilling/Fossil Fuel | Energy Companies | EQT Corp | Industrywide Issues | Litigation | Olympus/Huntley & Huntley | Pennsylvania | Regulation

Anti-Fracking CROWD Pressures Health Dept. to Deny “Leto” Air Permit
April 21, 2026April 21, 2026

Olympus Energy (now owned by EQT) drills in the Greater Pittsburgh region, in Allegheny and Westmoreland counties. In 2021, Olympus applied to build a new well pad in a rural part of Allegheny County, in West Deer Township. So-called Concerned Residents of West Deer (CROWD) got amped up to oppose the project. They succeeded when town supervisors rejected the Dionysus well pad (see West Deer Township Denies Olympus Permit to Build Shale Pad). CROWD then attempted to block a second well pad, the Leto pad, proposed by Olympus in another West Deer location (see West Deer Antis Try to Block 2nd Olympus Shale Well Pad). However, West Deer supervisors approved the Leto pad in June 2023, which set off the antis who threatened to sue (see West Deer Approves Olympus “Leto” Well Pad, Antis Pledge to Sue). They followed through with a lawsuit (see Anti-Fracking CROWD Lawsuit Against West Deer Gets Day in Court). The CROWD antis aren’t waiting for the results of that lawsuit. They’re also pressuring the Allegheny County Health Department to deny an air permit for the installation of a tri-ethylene glycol dehydrator at the site. Read More “Anti-Fracking CROWD Pressures Health Dept. to Deny “Leto” Air Permit”