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4rd Circuit Clown Judges Reject WV DEP Permit for MVP 2nd Time
Last week it was a miracle when the three-judge panel from the U.S. Court of Appeals for the Fourth Circuit (i.e. 4th Circuit clown judges) turned back an appeal of a permit issued by the Virginia State Water Control Board allowing Mountain Valley Pipeline (MVP) to cross some 150 streams and wetlands in Southwest West Virginia (see 4th Circuit Judges Hand Rare Permit Victory to Mountain Valley Pipe). This week the three clowns reverted to their typical fossil fuel-hating form, rejecting (for a second time) a similar permit issued by the West Virginia Dept. of Environmental Protection.
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It’s a miracle, A true blue spectacle, A miracle come true… (Lyrics from Barry Manilow’s tune, It’s a Miracle) In a 3-2 vote taken in December 2021, the Virginia State Water Control Board granted a permit (under the Clean Water Act) for Mountain Valley Pipeline (MVP) to cross about 150 streams and wetlands in Southwest Virginia (see 
In a case initially filed last summer in Ohio, a Belmont County mineral rights owner alleges that Rice Drilling (now owned by EQT) drained natural gas from a rock layer it did not have the right to access according to the signed lease. Golden Eagle Resources says the lease allowed Rice to drill down only as far as the Utica Shale layer, which Rice did. However, Golden Eagle says fractures from Rice’s fracking of the Utica layer reached down into the adjacent Point Pleasant layer and drained some of the gas from the Point Pleasant too–and that’s a no-no according to the lease.
CNX has reached a settlement with the Municipal Authority of Westmoreland County (MAWC) in a lawsuit brought by MAWC in 2016 claiming that CNX (and partner Noble Energy) claimed post-production deductions from royalties that should have been paid to MAWC. The original lawsuit sought combined damages of $3.6 million. The final number to be paid by CNX, according to reports, is $600,000.
A disabled Navy veteran and his wife, who live in a rural, wooded area of Cambria County, PA, say their lives were upended beginning in 2017 when Sunoco (Energy Transfer) began constructing the Mariner East 2 NGL pipeline across their property. According to the vet, Sunoco cut down more than 60 large trees on his property, destroyed several small ponds, destroyed his water well, and destroyed (caved in) his septic system. The property is now susceptible to frequent flooding and sewage backups into the house.
Energy in Depth (EID) is publishing a series that exposes the activist group Center for Climate Integrity (CCI) and its extensive actions behind the scenes in New Jersey municipalities to recruit, support, and initiate climate litigation. CCI has tried, according to emails obtained by EID, to remain hidden in the background. EID is turning a bright spotlight on their unethical (and borderline illegal) activities in manipulating New Jersey officials, encouraging (goading) them to sue oil and gas companies using public funds.
If leftists can redefine what is and what is not “waters of the United States” (WOTUS), they can pretty much control you and what you can and can’t do with your own private property. WOTUS, according to the Bidenistas, is pretty much anything down to mud puddles, as they proposed earlier this year (see 
We have to wonder, are we witnessing the end of modern society and a full regression back to the Stone Age? Two lawyers, one from Public Citizen’s climate program and the other a professor at George Washington University Law School, have written a paper that will be published in the Harvard Environmental Law Review that claims if there’s a NATURAL disaster, like a flood or hurricane or big snowstorm, and if people die in that event, governments and prosecutors can sue Big Oil, holding Big Oil criminally negligent for homicide. No, this is not a joke.
Two Marshall County, WV landowners with the same last name (brothers? cousins? father/son?) have sued Southwestern Energy accusing the company of “well bashing.” The landowners seek to have the lawsuit certified as a class action. Well bashing happens when drilling a child well near a parent well causes the parent well to lose pressure or become clogged with fracking fluids and sand. Ultimately the child well causes the parent well to become less profitable (i.e., less revenue from royalties for the landowner). The lawsuit says Southwestern is practicing well bashing intentionally–in order to keep lease rates low.
Environmental radical Pat McDonnell of PennFuture, the former Pennsylvania Secretary of the Dept. of Environmental Protection (DEP), along with his best friend THE Delaware Riverkeeper, Maya van Rossum, have just sued McDonnell’s former agency over permits the DEP issued to Williams to build the Regional Energy Access Expansion (REAE) project (see 
Adelphia Gateway is a project converting an old oil pipeline into a natural gas pipeline. The project stretches from Northampton County, PA, through Bucks, Montgomery, and Chester counties, terminating in Delaware County at Marcus Hook. The project converted 50 miles of an existing 84-mile pipeline from oil to natural gas. The northern 34 miles of the pipeline were previously converted to deliver natural gas in 1996. Portions of the final section began to flow Marcellus gas in April 2022 (see 
On February 15, 2023, the Supreme Court of Pennsylvania agreed to hear the case Dressler Family, LP v. PennEnergy Resources, LLC, a case addressing the question of whether Pennsylvania is an “at-the-well” jurisdiction, or a “first-marketable product” jurisdiction. The case may have profound implications for Pennsylvania landowners and drillers. The issue in this case revolves around whether or not a driller is allowed to deduct expenses from royalty payments for transporting and cleaning up natural gas between the well and the point of sale. Can a driller claim post-production deductions even if there are clauses that prohibit them?
In April 2019, President Trump signed an Executive Order (EO) instructing the Environmental Protection Agency to review Section 401 of the Clean Water Act–the section that grants states (and tribes) the right to have a say in pipeline projects (see