Case to Void Eminent Domain for MVP Tossed by D.C. Circuit
In 2019 a group of Virginia landowners filed a lawsuit against the Equitrans Mountain Valley Pipeline (MVP) project because they didn’t like how the pipeline left a mark across their horse pastures. The landowners arrogantly argued Congress improperly delegated its legislative powers to FERC and that ALL pipeline approvals made by FERC that have led to properties being “taken” against a landowner’s wishes, including MVP, should be invalidated. In May 2020 a federal court dismissed the case (see Lawsuit Seeking to Gut FERC Eminent Domain for MVP has Failed). Using money from Big Green groups (funded in part by foreign countries like Russia), the uppity landowners appealed the case to the U.S. Court of Appeals District of Columbia Circuit (see Radicals Using MVP Case to Void Eminent Domain for All Pipelines). The D.C. Circuit dismissed the case yesterday.
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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.
It’s time to remove three radicalized Democrat judges who have consistently (12 of 14 times) voted against Mountain Valley Pipeline (MVP) in appeals brought by Big Green groups. The three judges of the U.S. Court of Appeals for the Fourth Circuit (we call it the 4th Circus) are bigoted and prejudiced against natural gas pipeline projects. We’re talking about Judge Stephanie Thacker, appointed by Barack Hussein Obama; Judge James Wynn, appointed by Barack Hussein Obama; and Chief Judge Roger Gregory, appointed by William Jefferson Clinton. These three leftwing judges find the smallest, nitpicky things to use as an excuse to block the completion of the 94% completed, 303-mile MVP project. MVP has just filed a request with the 15 members of the 4th Circuit to appoint three new judges in their place.
Last year the Bidenistas initiated a massive power grab of transferring the right of individual states to regulate local natural gas gathering pipelines to the federal government (see
In his first two days in office, Joe Biden declared war on the oil and gas industry. One of the first things he did was to revive an interagency working group on the “social cost” of greenhouse gas emissions and directed the issuance of an “interim” cost (see
The radicals of the Clean Air Council (CAC) are claiming a (very small) victory in their campaign against processing NGLs at the Marcus Hook refinery located near Philadelphia. CAC is CACkling that they have forced Energy Transfer, builder of the mighty Mariner East (ME) pipeline system (a pipeline that CAC couldn’t stop), to back down on how permits are issued for the Marcus Hook facility–the place where NGLs from ME end up for processing and loading for export. The end result is…well…not much. Nothing will really change. The same volume of NGLs will still flow to Marcus Hook, and the same volume of NGLs will be loaded onto ships and exported to other countries. The only thing that changes is that ET spends more time and pays more money to obtain a single large permit instead of two separate, smaller permits. We’ll explain.
In March 2021, Eureka Resources announced plans to build a Marcellus Shale wastewater treatment facility in Dimock (Susquehanna County), Pennsylvania (see
Every “game” comes to an end when play must stop and a winner, and a loser, are declared. If you watch basketball you know that the final couple of minutes can last what seems like a lifetime. One team, up by 2 or 3 points, gains possession of the ball and they are in the lead. What do they do? Play keep-away. Run the clock down so the opponent can’t score to tie or pull ahead. What does the opponent do? Try to foul the person with the ball, or call for a time-out, in order to stop the clock and (hopefully) when the ball is thrown in and play resumes, regain possession and score. In a sense, that’s what is happening with the 94% complete Mountain Valley Pipeline (MVP) project, a 303-mile pipeline from West Virginia to southern Virginia. Right now anti-American Big Green groups have possession of the ball (having co-opted leftist judges) and they are ahead by one point, hoping to end the game by running out the clock. Will they succeed?
We’re holding on by a thread folks, with respect to PA’s onerous new carbon tax. Back in April, we told you about a lawsuit filed by Big Coal against the Pennsylvania Gov. Tom Wolf administration to block Wolf’s attempt to force the state to join the Regional Greenhouse Gas Initiative (RGGI), a carbon tax on coal- and gas-fired power plants (see
Yesterday Joe Biden delivered an address from the White House to talk about inflation. He blamed the high price of gasoline (and diesel fuel) on: (1) Vladimir Putin, (2) oil companies price gouging, and (3) Republicans who refuse to sign on to so-called renewables. He’s wrong on all three counts, but that’s another post for another time. Our point is that Biden continues to say he wants more oil production here at home to address the problem of high gasoline prices. Yet his actions disprove the words coming from his mouth (i.e. he’s lying). Biden and his administration continue to aggressively try to cut, reduce, and even block new permits and drilling on publicly-owned land. Some 25% of the oil production in the U.S. comes from wells on publicly-owned land. And yes, there is a tie-in with the Marcellus/Utica on this issue.