PA Supreme Court Lets Big Green Collect Legal Fees When They Win
Big Green is Big Business–especially in Pennsylvania, where leftist groups routinely file a blizzard of lawsuits against the shale industry. Some Big Green groups receive funding from foreign sources, including Russia and China. They seem to have endless pools of money to litigate every square inch of new pipeline and every proposed new well pad. As if being repeatedly sued isn’t enough, these disgusting groups want the fossil fuel industry to pay them for their lawyers! When the groups are the ones filing the lawsuits!! The Democrat judges of the Pennsylvania Supreme Court, in a poorly reasoned decision issued yesterday, have granted Big Green the power to sue, and then get paid for suing.
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Since 2015 we’ve reported on the case of Grant Township (Indiana County, PA), a town that passed an ordinance cooked up by the radical Big Green group Community Environmental Legal Defense Fund (CELDF) to try and block a state-approved injection well proposed by Pennsylvania General Energy (
The Barack Hussein Obama administration went crazy with over-regulation in many areas. One of them was to redefine “waters of the United States” (or WOTUS) as everything down to, no exaggeration, mud puddles. When Donald Trump took office, he set about to correct some of the insane abuses of the Obama era, including WOTUS. He finally got it fixed. However, the Bidenistas took up the cause once again. Radicals at the EPA announced a new rule in January aimed at re-regulating all waters, putting power over just about everything (including oil and gas drilling) into the federal government’s hands via WOTUS (see 
Evolution Well Services, headquartered in Houston with a regional office in Pittsburgh, specializes in “electric” fracking–using natural gas from the well pad (instead of diesel fuel) to power turbines to create electricity that drives fracking pumps. In September 2020, three former Evolution employees who worked at remote sites in the Marcellus/Utica filed a lawsuit against the company claiming Evolution failed to pay them for their commute to and from job sites. The lawsuit was turned into a class action in February of last year (see 
Attorneys for both the Pennsylvania Dept. of Environmental Protection (DEP) and those representing gas-fired power plants were in PA Commonwealth Court on Wednesday. DEP’s attorneys argued the court should toss a lawsuit brought by the power-generating industry against an obscene carbon tax called the Regional Greenhouse Gas Initiative (RGGI) that DEP is trying to force on the state. Power generators argue in their lawsuit that RGGI will actually lead to MORE carbon pollution rather than less.
We simply don’t understand the disturbed minds of the environmental left. Take the recent actions by the leftists at Damascus Citizens for Sustainability (DCS), which is suing the Delaware River Basin Commission (DRBC) after the DRBC adopted most of the rules sought by DCS to permanently block fracking and anything to do with fracking from the Delaware River Basin region. The radicals got 95% of what they wanted, but because it’s not 100%, they are suing in federal court to force the DRBC to start over and achieve 100% of their demands. This is seriously, pathologically, disturbed. We will explain.
The Ohio Court of Appeals recently issued a decision in a case involving lease language about a “depth severance clause” that is very important for both landowners and drillers to know about. In Tera LLC v. Rice Drilling D LLC, et al., a landowner in Belmont County, OH, signed a lease with language that leases both the Marcellus and Utica shale layers, but all other formations were “reserved to the lessor” (i.e. the landowner). However, the driller, Rice (now EQT), drilled into and produced hydrocarbons from the Point Pleasant layer that sits immediately below the Utica. According to the lease (and the decision by the court), that was a no-no.
The clown judges who occupy the U.S. Court of Appeals for the Fourth Circuit (4th Circus) appear ready to reject a water permit granted by the Virginia State Water Control Board to help finish up the 94% complete Mountain Valley Pipeline (MVP). Three judges from the 4th Circus were appointed back in 2017 to hear appeals by Big Green groups against the project. All three judges are profoundly bigoted and prejudiced against natural gas pipeline projects. Yesterday, the three clowns heard oral arguments from the foreign-backed Sierra Club (and its cronies) arguing the Control Board’s approval of a permit to cross streams and wetlands violates the federal Clean Water Act.
Glenn O. Hawbaker, Inc., long known for providing stone quarries and asphalt plants in Pennsylvania and Ohio, also provides civil construction services for shale well sites. In August 2021, Pennsylvania Attorney General Josh Shapiro announced a plea deal with Hawbaker to pay back $20 million in alleged “stolen wages” from over 1,000 Hawbaker employees (see 
Last Thursday, the Pennsylvania Commonwealth Court dismissed the Dept. of Environmental Protection’s (DEP) claim that the Regional Greenhouse Gas Initiative (RGGI), an obscene carbon tax on gas-fired power plants being forced on PA businesses (and electricity consumers) by former Gov. Tom Wolf and his henchman DEP Secretary Pat McDonnell, was unlawfully delayed by the PA Senate. It is a good news/bad news decision.
We have two related lawsuits to report on involving landowners in Susquehanna County, PA, and Callon Petroleum. As most lawsuits are, these two are complicated. But, at a very high level, the concept is simple. The landowners allege that Callon Marcellus (formerly Carrizo Marcellus) shorted them on royalty payments. The landowners sued, but Callon sold its assets in northeastern PA (to BKV) and engaged in a shell game to move the proceeds of that sale ($74 million) directly to the mothership, Callon Petroleum, as a way of avoiding liability to pay, just in case they lose the royalty lawsuit.
Earlier this month, radical Bidenistas at the EPA announced they have rewritten a rule aimed at regulating all waters in the U.S., putting power over just about everything (including oil and gas drilling) into the federal government’s hands via WOTUS, or Waters of the United States (see 
The radicals of Earthjustice have struck again. Representing two other disgusting radical groups–the Sierra Club and Clean Air Coalition of Western New York–last week Earthjustice filed a lawsuit to block the sale of a truly tiny (55 megawatt) gas-fired power plant in Western New York (near Niagara Falls) to a Canadian bitcoin operator. Gov. Hochul wonders why more people are fleeing NY than any other state in the country. This is why.