DC Circuit Court Strikes Down Trump Power Plant Emissions Reg
The Trump administration worked for four long, hard years against the radicalism of leftist Democrats to overturn what was called Obama’s “Clean Power Plan” (CPP)–an odious and misnamed plan that assassinates coal and mortally wounds natural gas power generating plants (see Obama Stabs Natural Gas Electric Plants in Clean Power Plan). The Trump EPA finally published a replacement called the Affordable Clean Energy (ACE) rule. Yesterday the swamp judges on the U.S. Court of Appeals for the District of Columbia gave Trump a parting slap in the face by overturning the ACE.
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Last August we told you about the politically-motivated prosecution (by the Chester County, PA District Attorney’s office) of two men connected to a security firm providing off-duty constables to protect Mariner East 2 (ME2) pipeline construction sites (see 
EQT Corporation, the largest natural gas producer in the United States, is asking West Virginia officials to remove two judges from hearing cases brought by landowners against the EQT relating to royalty disputes for alleged improper deductions. EQT wants Judges Timothy Sweeney and David W. Hummel Jr. to be disqualified from at least three cases (that we know of).
Ohio Attorney General Dave Yost continues to hammer FirstEnergy Corporation. In November Yost filed a lawsuit to block the collection of $150 million provided for under House Bill (HB) 6, aimed at propping up FirstEnergy’s unprofitable nuclear power plants in the state (see 
In November 2019 the U.S. District Court of Pennsylvania ruled that K. Petroleum Inc. (KPI), headquartered in Gahanna, OH, had breached a contract with Penneco Oil by not paying Penneco for gas flowing through KPI’s gathering pipeline system for wells owned and operated by Penneco. Yesterday the same court finally (after more than a year) completed calculations for what KPI owes Penneco. The tab comes to $511,292.15.
In mid-December, the U.S. Forest Service (USFS) issued an environmental impact statement (EIS) that supports plans for Mountain Valley Pipeline (MVP) to run through 3.5 miles of woodlands, and under the Appalachian Trail, in the Jefferson National Forest in Monroe County in West Virginia, in and Giles and Montgomery counties in Virginia (see 
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, filed a lawsuit yesterday against the DRBC, accusing the quasi-governmental agency of “taking” the property rights of PA residents without just compensation under the law.
Last June New Jersey Attorney General Gurbir Grewal filed a brief with the U.S. Supreme Court asking the court to not even consider hearing a case involving PennEast Pipeline (see 
Yesterday U.S. District Judge Robert D. Mariani issued a couple of rulings in the Wayne Land and Mineral Group (WLMG) v. Delaware River Basin Commission (DRBC) lawsuit that should encourage landowners in eastern PA whose property rights have been “taken” by the DRBC. The DRBC has prevented landowners in areas like Wayne and Pike counties from drilling for shale gas under their land for more than a decade.
FirstEnergy is up to its metaphorical rear-end in alligators. Not only has the Ohio Supreme Court blocked (for now) the collection of annual $150 million payments from the residents of Ohio given to FirstEnergy to prop up its uneconomic nuclear power plants, but multiple (over a dozen) lawsuits have been filed against the company by some of FirstEnergy’s biggest investors alleging fraud that has caused the company’s stock price to plummet.
The Ohio Supreme Court just delivered a decision that affects one particular landowner (and former mineral rights owner), but also has implications for all Ohio landowners and rights owners. And by extension, implications for drillers that pay royalty payments. The Supremes found in Gerrity v. Chervenak that the landowners in the case (the Chervenaks) did enough due diligence when searching for the rights owner who had moved out of the area. The Supremes said the landowner performed the proper steps to reclaim ownership of the severed mineral rights under their land.
The Pennsylvania Environmental Hearing Board (EHB), a special court set up to hear appeals of decisions by the Dept. of Environmental Protection (DEP), ruled on Wednesday that Sunoco Pipeline’s Mariner East 2 project does NOT have to reroute around Marsh Creek State Park in Chester County as ordered by the DEP. At least, not yet.
There is an ongoing question of whether or not the Ohio Marketable Titles Act (MTA), which impacts Utica shale rights, can be used to return previously severed mineral rights back to a surface landowner, or whether the MTA is superseded by the Ohio Dormant Minerals Act (DMA). In February 2019, Ohio’s Seventh District Court of Appeals said the MTA *does* still apply to mineral rights. The Seventh Circuit then ruled in a second case in April 2019, reaffirming yet again that yes, MTA applies to mineral rights. The Seventh Circuit ruled in a third case in October 2019 to say YES, the MTA still applies. In April, the Ohio Supreme Court agreed to hear and rule on the matter too (see