3 Groups Sue PA DEP, EQB to Block New VOC Conventional Regulation
Yesterday MDN brought you the news that as of Friday, a new regulation controlling volatile organic compound (VOC) emissions, and by extension methane emissions, for Pennsylvania’s conventional oil and gas drillers went into effect (see PA DEP Decrees Onerous VOC Reg for Conventional O&G in Effect Now). We said in that post, “We’re guessing the conventional industry, which warned the DEP and EQB not to adopt the regulation, will end up suing to challenge it.” Turns out to be a prophetic statement. The three statewide organizations that represent PA’s conventional drillers filed a lawsuit yesterday against the Dept. of Environmental Protection (DEP) and the Environmental Quality Board (EQB), challenging the legality and legitimacy of the new VOC regulation for conventional drillers.
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Just last week, we told you that a West Virginia Circuit Court judge who allegedly waved and pointed a gun at an attorney for EQT Corporation during a hearing about a case brought against EQT by landowners for improper deductions of post-production expenses from their royalty payments had resigned (see 
The partisan bully Josh Shapiro, far-left Attorney General in Pennsylvania (who is becoming Governor on Jan. 1, to PA’s shame), has claimed victory in converting what was at best an accident into a crime against Coterra Energy (née Cabot Oil & Gas). Yesterday in a courtroom in Susquehanna County, PA, Coterra plead “no contest” to a single misdemeanor charge Shapiro ginned up against the company over stray methane in a few water wells in Dimock, PA going back 14 years. It is a horrible miscarriage of justice. We wouldn’t blame Coterra if they NEVER drill another well in the state.
The same three radicalized environmental groups that previously attacked the Renovo Energy Center (REC), a Marcellus gas-fired power plant planned for Clinton County, PA, are at it again. On November 22, the Clean Air Council, PennFuture, and the Center for Biological Diversity (all completely radicalized fossil fuel bigots) announced they had appealed an extension of time for an air pollution permit granted to REC by the PA Dept. of Environmental Protection (DEP).
Two separate but related cases concerning Pennsylvania’s entrance into the interstate carbon cap-and-trade program known as the Regional Greenhouse Gas Initiative (RGGI), which we call a carbon tax, had their day in court yesterday. Judges from PA’s typically conservative Commonwealth Court heard oral arguments and, according to leftists, zeroed in on the issue of whether the so-called RGGI “fee” assessed by the Dept. of Environmental Protection (DEP) is really a fee, or instead is really a tax. It makes a difference. The DEP can, constitutionally, assess a fee, but it cannot unilaterally slap a new tax on coal- and natural gas-fired power plants (as it is trying to do).
Several lawsuits have been filed against the Pennsylvania Gov. Tom Wolf administration in its attempt to force the state to join the Regional Greenhouse Gas Initiative (RGGI) carbon tax program, including a lawsuit by the state legislature. In July, three gas-fired power plant operators–Calpine Corporation, Tenaska Westmoreland Management, and Fairless Energy–filed a lawsuit against the state Dept. of Environmental Protection (DEP) and its Environmental Quality Board (EQB) opposing its attempt (under orders from Wolf) to force the state into RGGI carbon tax auctions. That lawsuit has some rather illuminating charges–like the claim that moving to RGGI will result in HIGHER, not lower, emissions from power plants.
Pennsylvania State Senator Katie Muth’s attempt to block a proposed frack wastewater treatment plant in Dimock (hours away from her own district) has completely bombed out. Muth tried to challenge and block a permit for the plant, an effort which was mostly rejected in court back in June (see 
The Catholic nuns of Lancaster County’s Adorers of the Blood of Christ are still, all these years later, trying to shake down Williams for more money because of a pipeline that runs underneath a cornfield owned by the sisters (hence our nickname for them). Using lawyers from Big Green groups, the nuns argued their “religious beliefs” were offended by the pipeline because it flows a nasty, filthy fossil fuel that causes global warming. We’ve lost track of how many lawsuits the sisters have filed, using OPM (other people’s money). The most recent lawsuit, filed in the Philadelphia-based U.S. Third Circuit Court of Appeals, was just shot down by the court.
The clown judges who occupy the U.S. Court of Appeals for the Fourth Circuit (4th Circus) appear ready to reject another water permit granted by the West Virginia Dept. of Environmental Protection to cross streams and rivers and swamps to finish up the 94% complete Mountain Valley Pipeline (MVP). Three judges from the 4th Circus were appointed back in 2017 to hear appeals against the project. All three are profoundly bigoted and prejudiced against natural gas pipeline projects.
A court case decided in late April in Pennsylvania Superior Court appears (to us) to have significant ramifications for landowners and drillers with respect to deducting post-production expenses. The case is Dressler Family, LP v. PennEnergy Resources, LLC (copy of the decision below), and it addresses “market enhancement” royalty clauses found in many PA leases. Market enhancement clauses typically prohibit the deduction of post-production costs that are incurred when transforming gas into a marketable form. Some drillers ignore such clauses and deduct all “post-production costs” from the landowner’s royalty based on the drillers’ incorrect assumption that gas is “marketable” at the wellhead. This case and decision helped clear up definitions of what is and is not marketable gas.
According to law firm Houston Harbaugh, P.C., deducting fuel costs from landowner royalties continues to be an ongoing and widespread practice. Some leases allow the use of a portion of the raw gas recovered at a well to “fuel” well-pad operations (processing of the gas). Not only are landowners denied a royalty on the fuel gas volume, they also have that same “cost” deducted from their production royalty! According to Houston Harbaugh, this practice of deducting fuel costs must be closely monitored by all landowners.
The First Amendment of the U.S. Constitution says: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” New Jersey is attempting to abridge the freedom of speech for Exxon Mobil, Shell Oil, Chevron, BP, ConocoPhillips, and the American Petroleum Institute (API). NJ has sued those entities claiming they knew that the products they manufacture and promote (oil and gas) have caused global warming and that these entities have lied, and continue to lie, about knowing. NJ wants to muzzle the right of the API and Exxon, et al., to freely defend themselves and stick up for fossil energy, claiming to do so endangers the public and harms the residents of NJ. It’s the most outlandish thing you’ve ever heard.
In a March 3rd Senate Energy and Natural Resources Committee hearing, Senator Bill Cassidy (R-LA) asked Federal Energy Regulatory Commission (FERC) Chairman Richard “Dick” Glick this question: “Has anyone higher up in the [Biden] administration ever spoken to you in regards to somehow slow-walking or otherwise impeding or otherwise accentuating policy that would have the effect of impeding the development of natural gas pipelines?” Chairman Glick responded with an unambiguous “no.” Yet FERC refused to release records of communications and meetings with the White House to back up Glick’s statement. The Institute for Energy Research (IER) promptly filed a lawsuit (and nine others since) to probe the extent of the involvement of the Biden White House in reshaping FERC’s policies. FERC continues to stonewall the IER’s requests. What is FERC, and The White House, hiding?