Biden Admin Files Supreme Court Brief Supporting PennEast Pipe
In early February MDN told you that it was likely the Biden administration, although anti-drilling and anti-pipeline, would have no choice but to support an active case before the U.S. Supreme Court dealing with eminent domain for the PennEast Pipeline project (see Biden Justice Dept. Likely to Support PennEast in Supreme Crt Case). Indeed we were right. Yesterday Biden’s Acting Solicitor General filed a brief in the case supporting PennEast’s right to use FERC federally-conferred eminent domain to run the pipe across property owned and/or controlled by the State of New Jersey.
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Chesapeake Energy has screwed over landowners in northeastern Pennsylvania (and elsewhere) for years. Under the provisions of a “settlement” just brokered by PA’s shale-hating Attorney General, Josh Shapiro, Chesapeake will get away with settling the royalty case for pennies on the dollar. The average landowner will get just over $300 from this “settlement.” What a cruel joke. This is all about headlines and showmanship for Shapiro who hopes to run for governor next year. Don’t fall for his “I’m the savior of landowners” schtick. He just sold landowners down the river in return for a headline his campaign can use.
Two Democrat federal judges with the U.S. Court of Appeals for the District of Columbia (D.C. Circuit) are second-guessing a long-completed and flowing natural gas pipeline in the St. Louis, MO area–a pipeline that flows Marcellus/Utica gas to residents, businesses, and electric generating plants in the region. Why are we not surprised?
On Monday PennEast Pipeline filed its opening brief in a case to be heard by the U.S. Supreme Court in April. The case appeals a lower court ruling that disallows PennEast from using eminent domain to build across land owned or controlled by the State of New Jersey. PennEast calls the previous ruling by the 3rd Circuit Court of Appeals “deeply flawed” and “seriously misunderstands both eminent domain and sovereign immunity.” What are PennEast’s chances of winning, and if they do win, when will PennEast get built?
Some two and a half years after Energy Transfer’s (ET) Revolution Pipeline entered service in western Pennsylvania and exploded following a landslide, the pipeline finally returned to service yesterday. The Pennsylvania Dept. of Environmental Protection (DEP) issued a press release to say it had extracted another $125,000 from ET and has allowed the pipeline to resume service.
Talk about closing the barn door after the horse is gone! In March 2020 midstream (pipeline) giant Williams issued a press release to say they had just swallowed a poison pill (see 
Apparently, the staff who run the day-to-day business of the Delaware River Basin Commission (DRBC) is incompetent and can’t defend itself. Every time they are challenged in court, they run crying to mommy and daddy (Teresa Heinz Kerry at the Heinz Endowments and Shawn McCaney at the William Penn Foundation), which in turns launders money (i.e. hires lawyers) through the Delaware Riverkeeper to help bail the DRBC out of legal trouble. A federal judge (appointed by swamp-dweller George W. Bush) ruled last week to allow Riverkeeper (Heinz & Wm. Penn) to “intervene” (become a party to) a lawsuit launched by Pennsylvania Senate Republicans against the DRBC over the organization’s illegal taking of property rights by banning fracking in the river basin.
More than six years ago a group of landowners in Wayne County, Illinois sued the state for its refusal to grant permits to drill and frack in the New Albany Shale deposit. Over the years the case morphed and the plaintiff became Next Energy, LLC, which acquired the leases to explore and develop the shale under the landowners’ property. The huge news is that the U.S. Supreme Court has taken an active interest in the case and is demanding the Illinois Attorney General file a response to the case–a key indicator the Supremes are leaning toward hearing the case.
In January several Big Green groups, including the odious Sierra Club, asked the Democrat judges on the D.C. Circuit Court of Appeals to overturn a FERC order from last December that allows the 92% complete Mountain Valley Pipeline (MVP) to resume certain portions of construction (see 
Last August we told you about the politically-motivated prosecution (by the Chester County, PA District Attorney’s office) of men connected to a security firm providing off-duty constables to protect Mariner East 2 (ME2) pipeline construction sites (see 
Here’s a small victory to celebrate. In July 2018 three radical environmental groups dropped their objections to permits the DEP previously granted for the Mariner East 2 Pipeline. Clean Air Council, Mountain Watershed Association, and THE Delaware Riverkeeper “settled” their appeal of 20 permits issued to Sunoco for the ME2 project (see 
Food & Water Watch, the virulent, leftist anti-fossil fuel group, will get its day in court today in the organization’s bid to block a tiny 2.1-mile pipeline looping project in western Massachusetts. But lest you think the lawsuit being argued today before the liberal D.C. Circuit Court of Appeals is just about a small pipe project in liberal Massachusetts, think again. FWW is attempting to use this case to shut down all future pipeline projects too. Is the fix in with this case?
In January MDN told you that after five loooong years, a federal judge in Scranton, PA had finally ruled the Wayne Land and Mineral Group (WLMG) v. Delaware River Basin Commission (DRBC) lawsuit will go to trial this year (see