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PA Judge Says Mariner East Pipe Didn’t Have Eminent Domain 12 Yrs Ago

A Washington County, PA, judge is closing the barn door about 12 years late. On February 7, Washington County Court of Common Pleas Judge Brandon P. Neuman ruled Sunoco Pipeline, LLC (i.e., Energy Transfer) did not have the eminent domain authority to take property for the Mariner East Pipelines in 2013 from Bradley and Amy Simon (in Washington County), and possibly many other property owners. The case alleges that while ME gained eminent domain authority later, when the company negotiated with the Simons (and potentially others), it did not have that legal authority, yet it claimed it did. The Simons signed a lease they otherwise would not have signed if they had full information. They either would not have signed, or perhaps negotiated a bigger payment. That’s the gist of the story—that ME fraudulently presented claims. Read More “PA Judge Says Mariner East Pipe Didn’t Have Eminent Domain 12 Yrs Ago”

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WV Leads 22 States in Suing NY Over $75B Climate Superfund Law

At the end of the last legislative session in December, New York Gov. Kathy Hochul, an extremist liberal, signed into law a new climate bill forcing a short list of Big Oil companies to pay $75 billion in “recovery” assessments over the next 25 years for their alleged role in causing mythical global warming (see NY Gov. Hochul Goes Nuts: Signs Law Billing O&G Companies $75B). We outlined how the law is unconstitutional and illegal (see The Legal Case Against NY Law Taxing O&G $75B for Global Warming). Yesterday, the Attorneys General for 22 states, led by the AG from West Virginia, filed a lawsuit in federal court challenging NY’s Climate Superfund Act. Read More “WV Leads 22 States in Suing NY Over $75B Climate Superfund Law”

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Lee Zeldin, New EPA Chief, has Plan to Lawsuit-Proof Decisions

Lee Zeldin

Lawfare by the environmental left in this country is a serious cancer eating away at our country. It must be stopped. The focus for much of the lawfare by climate nuts is the federal Environmental Protection Agency (EPA). Yesterday, the Senate approved former New York Congressman Lee Zeldin (from Long Island) to become the next EPA Administrator. Zeldin is a great guy—very competent and a solid conservative. According to an interview with the New York Post, Zeldin has a plan to help him and the Trump administration combat the left’s lawfare in coming decisions the EPA will make to undo the damage done by the Bidenistas. Read More “Lee Zeldin, New EPA Chief, has Plan to Lawsuit-Proof Decisions”

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Range & MarkWest File Legal Challenges to Cecil 2,500-Foot Setback

Last November, three of five supervisors in Cecil Township (Washington County), PA, voted to ban all new fracking via a new setback (distance from well to nearest structure) requirement of 2,500 feet (see Cecil Twp Supervisors Pull the Trigger on Frack Ban Via Setbacks). We said at the time, “Let the lawsuits begin.” Once again, MDN was prescient. Both Range Resources, the only driller in Cecil Township with wells or permits to drill, filed a legal challenge to the illegal setback ordinance (the first step before a lawsuit is filed). However, in a surprise move, MarkWest Liberty Midstream (MPLX) filed a second, separate legal challenge against the town ordinance in county court. Read More “Range & MarkWest File Legal Challenges to Cecil 2,500-Foot Setback”

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PA DEP Backs Off Draconian Methane Reg for Conventional Drillers

Both conventional and unconventional (shale) drillers in Pennsylvania were supposed to submit a new annual report to the state Department of Environmental Protection (DEP) on December 10, 2023, detailing volatile organic compound (VOC) and methane emissions from their operations over the previous one-year period. Shortly before that deadline, the DEP suspended the due date and set a new due date of June 1, 2024 (see Due Date for PA DEP Report re Methane Emissions Slips 6 Months). Shale drillers mostly complied (86% filed the report), but conventional drillers did not (less than 1% filed). Conventional drillers sued to block the onerous new reg requiring the report. Read More “PA DEP Backs Off Draconian Methane Reg for Conventional Drillers”

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Bucks County, PA Lawsuit Against Big Oil Profits Lawyers $25M+

In March 2024, we reported that two Democrats and one anti-drilling RINO who run Bucks County, PA government (a Philadelphia suburb) fell for the bait by Big Green and filed a lawsuit against Big Oil companies for supposedly, knowingly, causing the Earth to toast to a cinder (see Bucks County, PA, Sues Big Oil for Causing “Climate Change”). The lawsuit seemingly came out of nowhere. It was hatched secretly by green groups, including the Center for Climate Integrity (CCI) – a Rockefeller-funded D.C. activist group. There were no public meetings. No public input. No public announcements. It was completely hush-hush, with a total media blackout until the lawsuit was filed (see Bucks County, PA Lawsuit Against Big Oil Violated Transparency Law). Here it is a year later, and finally, the truth is coming out. The leftist law firm working on behalf of Bucks County stands to make enough money (if successful) for everyone in the law firm to retire. It’s grotesque and disgusting and CORRUPT. Read More “Bucks County, PA Lawsuit Against Big Oil Profits Lawyers $25M+”

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FERC Thumbs Nose at Court, Reinstates Cert for Transco REAE Pipe

The D.C. Circuit Court of Appeals issued a decision last July vacating (nullifying) the Federal Energy Regulatory Commission’s (FERC) approval of Transco’s Regional Energy Access Expansion (REAE) project to bring gas from Pennsylvania to New Jersey and Maryland (see DC Circuit Libs Reverse FERC Approval of Transco Northeast Expansion). On Jan. 21 (last Tuesday), the D.C. court denied a petition from Transco to rehear its earlier decision to vacate the FERC permit, meaning those portions of Transco touched by REAE were due to go offline by tomorrow, Jan. 28. Good news. On Friday, FERC commissioners thumbed their collected noses at the court and fully reinstated the vacated certificate for REAE, avoiding any downtime for the expanded pipe. Read More “FERC Thumbs Nose at Court, Reinstates Cert for Transco REAE Pipe”

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Pass the Jim Beam! Construction Begins on 12-Mile Kentucky Pipeline

In May 2021, MDN told you that Louisville Gas and Electric Company (LG&E) had won Kentucky state approval to build a new 12-inch, 12-mile pipeline south of Louisville to supply gas to homes and businesses (including a Jim Beam distillery) in Bullitt County that can’t connect to LG&E’s local natgas utility system because it is currently maxed out (see Pass the Jim Beam! Judge Clears Way for Gas Pipe Near Louisville, KY). The local Bernheim Arboretum resisted attempts to build across three-tenths of one percent (0.028%) of Arboretum land—along an existing cleared path where electric lines already go. LG&E took the Arboretum to court, and in April 2023, the court ruled in favor of LG&E and its right to build the pipe through a small section of Arboretum land (see Court Allows LG&E to Build Tiny Pipe Thru Kentucky Arboretum Land). Read More “Pass the Jim Beam! Construction Begins on 12-Mile Kentucky Pipeline”

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BlackRock Settles Tennessee Lawsuit for Misleading Investors re ESG

BlackRock is the largest investment firm in the world, currently with $11.6 trillion of investments under management. Larry Fink, the CEO of BlackRock, pushed the so-called ESG (environment, social, governance) agenda for years. What the left and people like Fink mean by ESG is don’t invest in or use fossil fuel energy (E), everything is racist (S), and the government is always right when Democrats are in charge (G). Fink stopped using the ESG term in 2023, although he continued to push the ESG agenda of divesting from fossil fuel companies (see Unrepentant BlackRock Won’t Use ESG Term, Still Forces Divestment). The State of Tennessee sued BlackRock for violating consumer protection laws in December 2023 (see Tennessee Sues BlackRock for Misleading Investors re Aggressive ESG). Tennesee’s Attorney General, Jonathan Skrmetti, announced a deal with BlackRock on Friday to settle the case. Read More “BlackRock Settles Tennessee Lawsuit for Misleading Investors re ESG”

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DC Circuit Dems Overturn LNG-by-Rail Reg from Trump’s 1st Term

On Friday, three leftist judges who sit on the U.S. Court of Appeals for the District of Columbia (DC Circuit), one appointed by Joementia, one by Lord Obama, and a third by George H.W. Bush (Bush the 1st), threw out a rule the U.S. Department of Transportation had adopted during President Trump’s first term which allowed liquefied natural gas (LNG) to be transported by train. We warned you back in September the judges were signaling their intent to overturn LNG-by-rail during oral arguments (see DC Circuit’s Radical Judges Signal Blocking LNG by Rail). Read More “DC Circuit Dems Overturn LNG-by-Rail Reg from Trump’s 1st Term”

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PA Superior Court Reaffirms Dunham Rule Separating O&G from Minerals

In most states, when a deed or lease agreement is signed for mineral rights, it includes natural gas and oil on the theory that the gas and oil come from a mineral—shale rock. But that has not been the case in PA. Going back to a case in 1882, PA has had “the Dunham rule,” which separates natural gas rights from the broader concept of mineral rights (for background on the Dunham rule, see the MDN article PA Supreme Court Hears Arguments in Critical O&G Case). In 2013, the PA Supreme Court upheld the Dunham rule in a key decision (see Big News: PA Supreme Court Decides Shale Mineral Rights Case). Last November, the PA Superior Court reaffirmed and upheld the Dunham rule again in a different case. Read More “PA Superior Court Reaffirms Dunham Rule Separating O&G from Minerals”

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Antis Block 15-Mile Pipe Causing Gas Moratorium in Myrtle Beach

Here’s a story that illustrates how the radicalized left continues to destroy jobs and the economy with its kneejerk reaction against *any* fossil fuel pipeline, no matter how large or small. Some five years ago, Dominion Energy announced the River Neck to Kingsburg project, a short 15 miles of 16” natural gas transmission main line that would run in an existing right-of-way with another pipeline along Old River Road near Pamplico in Florence County, SC. It was supposed to be built and flowing in 2022. Dominion still hasn’t built a square inch, thanks to the lawfare launched by the anti-fossil fuelers of the Blue Ridge Environmental Defense League. Read More “Antis Block 15-Mile Pipe Causing Gas Moratorium in Myrtle Beach”

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Judge Tosses NYC Lawsuit Against Big Oil re Climate Change

A judge has dismissed New York City’s lawsuit seeking to hold Exxon Mobil, BP, and Shell liable for misleading the public about their products and claims that their commitment to renewable energy and fighting climate change are false. The case was so weak not even a Democrat judge appointed by Kathy Hochul could stomach it. In her ruling, Justice Anar Rathod Patel told the city it could not have it both ways. The city claimed its residents knew about mythical climate change and how it is caused by burning nasty fossil fuels. Yet the city’s lawsuit claims Big Oil has tricked people into using fossil energy with false and misleading advertising. Patel wrote, “The city cannot have it both ways.” Touché! Read More “Judge Tosses NYC Lawsuit Against Big Oil re Climate Change”

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Builders, Utility Co. Sue Maryland re New Reg Blocking NatGas Use

Maryland is a sad state. It’s completely ruled by leftists who seek to impoverish its residents by forcing them to use expensive and unreliable renewable energy. There is actually some Marcellus/Utica shale under Maryland (in a couple of far-western counties), but the state outlawed shale fracking nearly 10 years ago when then-Gov. Larry Hogan (a RINO and Trump-hater) allowed a Maryland bill to become law that bans fracking in the state (see Maryland’s Pusillanimous Gov Allows Frack Moratorium to Become Law). The latest attack against fossil energy is a new state regulation that phases out gas stoves, furnaces, water heaters, and other appliances at big residential and commercial buildings to “fight climate change.” Not so fast. Builders and one utility company have sued to block the new reg from taking effect. Read More “Builders, Utility Co. Sue Maryland re New Reg Blocking NatGas Use”

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Leftists Eye Pa. Law in War Against Fossil Fuel Companies

We’ve read a number of articles warning the radical left is gearing up to launch a blizzard of lawsuits (i.e., lawfare) against the incoming Trump administration—particularly related to environmental and energy policies and regulations. It’s standard operating procedure for the left, which has taken to bastardizing our justice system in recent years. While the left often dreams about putting its political opponents in jail, not much has been done along those lines (see NYC Dem Politicians, Radical Groups Seek to Jail Big Oil Execs). So it was particularly chilling to read a PBS story about a new journal article in which leftist lawyers seriously discuss using a Pennsylvania law already on the books to prosecute oil and gas companies for the “crime” of causing mythical global warming. This is no longer wishful thinking but the left outlining tactics they intend to deploy to jail those who refuse to agree with them. Read More “Leftists Eye Pa. Law in War Against Fossil Fuel Companies”

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Court Rulings & Regs Cause Delays in New LNG Export Plants

RBN Energy recently concluded a two-part series on LNG delays and what’s causing delays in bringing more export capacity online. Friday’s Part 2 of the series looks at recent court rulings and regulatory issues and their impact on U.S. LNG development. Yes, Joe Biden’s ill-timed “pause” on the Department of Energy issuing new export approvals certainly had a big impact (see White House Makes it Official – Biden Declares War on LNG Exports). But, there were other regulatory and court-related issues in 2024 that also had an impact on the slowdown in new LNG exports. Read More “Court Rulings & Regs Cause Delays in New LNG Export Plants”