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Lancaster Sisters of the Corn Pipe Shakedown Rejected by Fed Court
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.
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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?
So what happens now that Joe Manchin’s plan to get his fellow Democrats to vote for a bill to finish up the Mountain Valley Pipeline (MVP), a “permitting reform” bill, is dead (see 
A small group of landowners in southwestern Virginia who have lost all of their previous attempts to block Mountain Valley Pipeline (MVP) from crossing their property have made one last-ditch effort to fundamentally change the laws of the entire country to prevent this one pipeline. The landowners, obviously using Big Green money, have appealed their losing case to the U.S. Supreme Court, asking the high court to hear their case against FERC’s (the Federal Energy Regulatory Commission) right to delegate its eminent domain power to a private pipeline company–in this case to MVP.
Pennsylvania State Senator Katie Muth’s attempt to block a proposed frack wastewater treatment plant in Dimock (hours away from her own district) is failing spectacularly. Muth tried to challenge and block a permit for the plant, an effort which was mostly rejected in court back in June (see 
Two weeks ago, a lawsuit brought by two West Virginia landowners seeking to overturn the state’s newly enacted forced pooling (i.e. unitization) law was tossed by a federal judge (see 
A group of roughly 60 landowners located in Fayette County, PA, have received a $5.5 million settlement from what was Chief Exploration and Development (now called Cyprus Exploration and Development) to compensate the landowners for leases signed in 2008. The landowners filed a class action lawsuit in 2011, claiming bonus and rent payments were not made.
In a brilliant move aimed at boxing in the Delaware River Basin Commission (DRBC), two northeastern Pennsylvania State Senators–Gene Yaw and Lisa Baker–along with members of the PA Senate Republican Caucus (27 Senators in all), filed a lawsuit in January 2021 against the DRBC accusing the quasi-governmental agency of “taking” the property rights of PA residents without just compensation under the law over the DRBC’s ban on fracking (see