Recent NEXUS Pipe Decision by DC Circuit Benefits LNG Exports
A few weeks ago, the U.S. District Court of Appeals for the District of Columbia (the D.C. Circuit) sided with the Federal Energy Regulatory Commission (FERC) and NEXUS Pipeline against Big Green and the City of Oberlin, OH, in a case that challenged FERC’s right to approve NEXUS based on the pipeline exporting some of its natgas across the Canadian border (see DC Circuit Rules NEXUS Pipeline Approval by FERC was Righteous). The decision establishes an important precedent that helps not only other pipelines, but LNG export facilities too.
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Gulfport Energy has successfully wiggled out of legally-signed and binding long-term contracts with multiple pipeline companies, including deals that move Marcellus/Utica gas through the Rover and Rockies Express (REX) pipelines. In 2020 the Federal Energy Regulatory Commission (FERC) told Gulfport a very loud NO in breaking those contracts (see
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 refuses to release records of communications and meetings with the White House to back up Glick’s statement. FERC has just been sued to force the release of those records.
This is one of those more bizarre court cases we’ve heard about. In April 2021, MDN reported that a group of West Virginia landowners/rights owners filed a claim against EQT, alleging the company had allowed leases to lapse, then at a later date, reentered their property and drilled new wells without permission (see
We finally have some good news to share with respect to Pennsylvania Gov. Tom Wolf’s foolish plan to force PA’s coal- and natural gas-fired power plants to begin paying an obscenely high tax on carbon dioxide emissions as part of the so-called Regional Greenhouse Gas Initiative (RGGI). After exhausting various attempts to block it, Wolf published a final RGGI regulation in the Pennsylvania Bulletin in April (see
Last year Big Green lobbyists using the City of Oberlin, Ohio contested the Federal Energy Regulatory Commission (FERC) decision to approve the Enbridge/DTE Energy NEXUS pipeline, a $2 billion, 255-mile pipeline from the Ohio Utica Shale into Michigan that’s been flowing for years connecting to a pipeline that exports some of the gas into Canada (see
Yesterday the U.S. Supreme Court delivered a 6-3 decision in West Virginia v. EPA that changes everything. It’s hard to overstate just how important the court’s decision is. West Virginia Attorney General Patrick Morrisey and the attorney generals from 18 other states sought to limit the federal Environmental Protection Agency (EPA) and its misinterpretation of the so-called Clean Air Act in order to regulate carbon dioxide (CO2) emissions from power plants. The court ruled in favor of WV against EPA, meaning EPA cannot regulate coal- and natural gas-fired power plants out of existence, as it was seeking to do. Let’s all revel in this MAJOR victory!
The clowns who occupy the U.S. Court of Appeals for the Fourth Circuit (4th Circus) have rejected a request by Mountain Valley Pipeline (MVP) to appoint a new panel of three judges to hear cases involving the 94% completed pipeline (see
The Pennsylvania Environmental Hearing Board (EHB) is a special court set up in PA to hear appeals of decisions made by the PA Dept. of Environmental Protection (DEP). In February 2021, a landowner (three people living at the same address) in Susquehanna County, PA, filed a lawsuit with the EHB against the DEP and Coterra Energy (formerly known as Cabot Oil & Gas) alleging Coterra’s drilling program nearby had led to polluting their water well. As of last week, the case was dismissed and the Pittsburgh attorney for the landowner (for the first time ever) was sanctioned by the EHB.
Columbia Gas, a subsidiary of Canada-based TC Energy (formerly TransCanada), wants to build a tiny 3.37-mile, 8-inch pipeline under the Potomac River from Maryland to West Virginia. The Eastern Panhandle Expansion, as it is called, is being blocked by the lefties in Maryland (see
Big Green groups are rejoicing that they have convinced a New York State judge to rule that an existing natural gas-fired power plant on the banks of the Hudson River, Danskammer Energy, will not be allowed to upgrade its gas turbines from older, more polluting turbines to newer, more efficient and less polluting turbines. Such is the evil mind of Big Green that they rejoice in such a “victory.” Big Green, including the Sierra Club and Earthworks, prefers more pollution rather than allowing a company to improve operations for those who live nearby. How whacked is that?
Last October Pennsylvania Attorney General Josh Shapiro, who is now running for governor, indicted Energy Transfer with 48 enviro-crimes related to the building of the Mariner East pipeline project (see
The Pennsylvania Environmental Hearing Board (EHB) partially dismissed a challenge brought by Philly-area State Senator Katie Muth. She seeks to block Eureka Resources from moving forward with the construction of a new shale wastewater recycling facility in Dimock, PA–a location hours away from her own district. The EHB ruled that Muth has no standing under the PA Environmental Rights Amendment (ERA) to bring a challenge. The proposed facility is not in her district and there’s nothing that ties her to that location.