Litigation

Anti-Drilling/Fossil Fuel | CNG/LNG | Exporting | Industrywide Issues | Litigation

La. State Court Tosses Building Permit for Commonwealth LNG
October 15, 2025October 15, 2025

Commonwealth LNG is developing a 9.5 MTPA (million tonnes per annum) liquefied natural gas (LNG) export terminal project located near Cameron, Louisiana. In September, Commonwealth announced it had signed a deal with EQT Corporation to provide 1.0 MTPA of LNG for EQT to resell (see EQT Signs Third Deal to *Buy* LNG – This One Commonwealth LNG). Commonwealth, in its press release, stated that with the EQT deal, it now has sufficient commitments (5.0 out of 9.5 MTPA) to proceed with a final investment decision (FID), which it plans to make by the end of this year. However, a Louisiana state court has just vacated (overturned) a coastal-use permit for the project in response to a lawsuit brought by the odious Sierra Club. Read More “La. State Court Tosses Building Permit for Commonwealth LNG”
Antero Resources | Energy Companies | Energy Services | Industrywide Issues | Litigation | Pipelines | Regulation | Tennessee Gas Pipeline

Antero Wins DC Circuit Case Against FERC, TGP re High Pipe Prices
October 2, 2025October 2, 2025

Here’s a court case that slipped under our radar. Antero Resources Corporation challenged the Federal Energy Regulatory Commission’s (FERC) approval of a two-tier fuel rate structure imposed by Tennessee Gas Pipeline Company (TGP) following an expansion project. Antero had contracted with TGP to secure firm transportation capacity by funding the construction of new compressor stations, which are energy-intensive and require substantial fuel to operate. The tariff approved by FERC stipulated that Antero would always be charged the highest marginal fuel rate, as if its gas were the last and most expensive to transport through the pipeline. In contrast, other shippers paid an average fuel rate, leading to Antero paying two to three times the fuel rate of other shippers on the same pipeline segment. Read More “Antero Wins DC Circuit Case Against FERC, TGP re High Pipe Prices”
Anti-Drilling/Fossil Fuel | Electrical Generation | Energy Services | Industrywide Issues | Litigation | Pipelines | Tennessee Gas Pipeline

DC Circuit Rejects Big Green Request to Block 32-Mile Pipe in TN
October 1, 2025October 1, 2025

The Tennessee Valley Authority (TVA) is the sixth-largest power supplier and the largest public utility in the country. In 2021, MDN told you that TVA is spending over $1 billion to replace six coal-fired plants with natgas-fired turbines (see TVA Investing $1B to Build New Natgas-Fired Electric Plants). In late 2022, TVA recommended moving forward with replacing one of the six — a coal-fired plant located near Cumberland City — with a natural gas combined-cycle power plant (see TVA Recommends Replacing Cumberland Coal Plant w/Natural Gas). In January 2024, the Federal Energy Regulatory Commission (FERC) issued a certificate of public convenience for Kinder Morgan’s Tennessee Gas Pipeline (TGP) subsidiary to build the Cumberland Project, a pipeline to feed the TVA’s proposed Cumberland gas-fired plant (see FERC Approves 32-Mile Cumberland Pipeline to TVA TN Power Plant). Big Green sued FERC to overturn its decision to allow the pipeline, knowing that if it could block the pipeline, it would block the power plant project, too (see Big Green Sues FERC to Block 32-Mile Pipe to TVA TN Power Plant). Read More “DC Circuit Rejects Big Green Request to Block 32-Mile Pipe in TN”
AI | Anti-Drilling/Fossil Fuel | Electrical Generation | Industrywide Issues | Litigation | Tucker County | West Virginia

Antis Challenge Gas-Fired Data Center Approval in Tucker County, WV
September 19, 2025September 19, 2025

In April, MDN told you of a proposal by Fundamental Data for the “Ridgeline Facility,” a large natural gas power plant and data center that will be built between Davis and Thomas, WV (see 1,656 MW Gas-Fired Data Center Proposed in Tucker County, WV). At the time, we informed you that the power plant and data center would cover approximately 500 acres, with the gas-fired plant producing 1,656 megawatts (MW) of power. A story in May revealed that if the site is “fully realized,” it would be “among the largest data center campuses in the world,” spanning 10,000 acres (not 500) across Tucker and Grant counties (see Antis Target Gas-Fired Data Center Proposed for Tucker County, WV). The West Virginia Department of Environmental Protection (WV-DEP) approved the project plan, including the gas-fired power plant. Big Green filed an appeal on Sept. 12. Read More “Antis Challenge Gas-Fired Data Center Approval in Tucker County, WV”
Anti-Drilling/Fossil Fuel | Energy Services | Equitrans/EQT Midstream | Industrywide Issues | Litigation | Pipelines | Summers County | West Virginia

MVP Urges Appeals Court to Revive Civil Lawsuit Against Protesters
September 18, 2025September 18, 2025

We’re happy to see Mountain Valley Pipeline (now majority-owned by EQT) continues to vigorously pursue court action against so-called protesters who illegally blocked work during construction. These “protesters” (from out-of-state, possibly paid by Big Green groups to be there) thought they would skip out on taking responsibility for their actions. But MVP continues to hold their feet to the metaphorical legal fire, as well they should. MVP filed a civil lawsuit against four protesters for contributing to significant delays and costs. They must be held to account for their actions. On Tuesday, MVP asked an appeals court in West Virginia to reinstate its dismissed (on a technicality) civil case in county circuit court. Read More “MVP Urges Appeals Court to Revive Civil Lawsuit Against Protesters”
Anti-Drilling/Fossil Fuel | Apex Energy | CNX Resources | Energy Companies | Industrywide Issues | Litigation | Pennsylvania | Regulation | Westmoreland County

Anti Group Claims Clock Ran Out for CNX to Drill 2 Penn Twp Wells
September 16, 2025September 16, 2025

In June, we reported that the Pennsylvania Environmental Hearing Board (EHB), a special court in PA that hears appeals of decisions made by the Department of Environmental Protection (DEP), had ruled in favor of CNX Resources to allow two previously permitted wells in Penn Township (Westmoreland County) to move forward with construction (see Anti-Shale Group Loses EHB Appeal to Block CNX Wells in SWPA). A local anti-shale group called Protect PT, backed with Big Green money and lawyers, appealed the decision to the state’s Commonwealth Court. CNX has also appealed the EHB decision. While the lawsuit plays out, the original DEP permits in question have expired. Protect PT claims CNX will need to reapply all over again—that the clock has run out. Read More “Anti Group Claims Clock Ran Out for CNX to Drill 2 Penn Twp Wells”
DeepRock Disposal | Energy Services | Industrywide Issues | Litigation | Ohio | Washington County (OH) | Wastewater

Marietta, OH City Council Discusses Suing to Block Injection Well
September 10, 2025September 10, 2025

Two weeks ago, Marietta, OH, officials, including the city’s Republican mayor, law director, water superintendent, and a majority of city council members, asked the Ohio Department of Natural Resources (ODNR) Oil and Gas Chief Eric Vendel to deny a permit application from DeepRock Disposal Solutions for the Stephan #1 injection well, which would be the company’s fifth injection well in the area (see Marietta, OH Officials Ask ODNR to Deny Permit for Injection Well). Last week, the ODNR rejected Marietta’s appeal and went ahead and issued a permit (see ODNR Rejects Marietta Hearing Request, Issues Injection Well Permit). Marietta is now considering filing a lawsuit to block the project. Read More “Marietta, OH City Council Discusses Suing to Block Injection Well”
Anti-Drilling/Fossil Fuel | Industrywide Issues | Litigation | Regulation

D.C. Circuit Allows EPA to Cancel $16B in Grants to Climate Grifters
September 4, 2025September 4, 2025

Earlier this year, a video circulated on social media featuring a Biden EPA political appointee talking about “tossing gold bars off the Titanic,” intentionally rushing to get billions of tax dollars out of the agency before Inauguration Day. The EPA’s new sheriff, Lee Zeldin, located $20 billion of those gold bars sitting at a Citibank bank account (see EPA Discovers Illegal $20 Billion Transfer from Biden’s Final Days). The money was intended to fund radical anti-Trump efforts related to environmental issues. Zeldin canceled the grants, froze the account, and demanded the money be returned. The green grifters sued (see Greedy Climate Grifters Squeal, Sue to Restore $20B EPA Slush Fund). The U.S. Court of Appeals for the District of Columbia (DC Circuit) has just ruled that Zeldin has the right to cancel the grants and recoup the money. Read More “D.C. Circuit Allows EPA to Cancel $16B in Grants to Climate Grifters”
Industrywide Issues | Lease & Royalty Payments | Litigation | Ohio | Statewide OH

Fresh Legal Look at Ohio Royalty Post-Production Deductions
August 27, 2025August 27, 2025

Back in April, MDN brought you news about an important decision issued in a federal court case (in Ohio) that potentially affects landowners and drillers with shale leases throughout the Marcellus/Utica (see 6th Circuit Upholds OH Landowner Claims Against Antero re Deductions). The case, The Grissoms, LLC v. Antero Resources Corporation, was decided by the United States Court of Appeals for the Sixth Circuit (6th Circuit) on April 2, 2025. The case involves a dispute between a certified class of 370 Ohio landowners and Antero. According to a law firm writing about the decision, “This case is more than just a win for those plaintiffs. It sets the stage for future mineral owners in their efforts to fight royalty deductions by clarifying a commonly used oil and gas lease provision.” Read More “Fresh Legal Look at Ohio Royalty Post-Production Deductions”
Carroll County | Encino Energy | Energy Companies | Industrywide Issues | Lease & Royalty Payments | Litigation | Ohio

OH Rights Owner Wins Case Against Encino re Post-Production Deductions
August 26, 2025August 26, 2025

Another important lawsuit involving whether or not a driller can deduct from royalty checks for post-production expenses was just decided by the Ohio Court of Appeals for the Seventh District in Carroll County. The rights owner in this case, Gateway Royalty II, sued Encino Energy (EAP Ohio) over the issue of deducting post-production expenses from the company’s overriding royalty interests. This is slightly different from the usual post-production issue for landowners/rights owners. Read More “OH Rights Owner Wins Case Against Encino re Post-Production Deductions”
CNG/LNG | Exporting | Industrywide Issues | Litigation

With Shell Win in Hand, VG Brags It Will Win Other LNG Cases
August 20, 2025August 20, 2025

A week ago, MDN told you that Venture Global (VG) had won an arbitration case brought against it by Shell (see Shell Loses Case Against Venture Global for Delayed LNG Cargoes). The case accused VG of not delivering contracted LNG shipments *for years* while VG sold those shipments on the open/spot market for more money than they would have made from honoring their contracts. Shell lost the case. However, Shell was not the only company to sue. In light of winning the arbitration case with Shell, VG says it’s confident it will win the remaining cases, too. Read More “With Shell Win in Hand, VG Brags It Will Win Other LNG Cases”
Industrywide Issues | Litigation | Ohio | Regulation | Trumbull County | Wastewater

OH Supreme Court to Hear Case of Closed AWMS Injection Well, Again
August 19, 2025August 19, 2025

We’ve been tracking a story that we consider an ongoing tragedy for more than a decade. American Water Management Services (AWMS) owns a wastewater injection well in Trumbull County, Ohio, that supposedly caused a low-level earthquake (that nobody could feel) in 2014. Actually, there are two injection wells located at the site, both operated by AWMS. They were both “temporarily” shut down by the Ohio Department of Natural Resources (ODNR) following the quake nobody could feel (see ODNR Temporarily Shuts Down Injection Wells After Low-Level Quake). ODNR allowed AWMS to reopen one of the injection wells but denied it the right to reopen the second well. AWMS said it makes no economic sense to reopen just one of the wells and has been locked in a legal battle to reopen the shuttered well and get compensated by the state for forcing it out of business (missed revenues). The Ohio Supreme Court will hear oral arguments in the case tomorrow—for a third time. Read More “OH Supreme Court to Hear Case of Closed AWMS Injection Well, Again”
Industrywide Issues | Litigation | Pipelines | Statewide VA | Virginia

Va. Court Rules on What Defines Distribution vs Transmission Pipe
August 19, 2025August 19, 2025

We spotted an interesting court ruling in Virginia with the potential to impact midstream (pipeline) companies in the state. The case is Zinner v. Washington Gas Light Co. On July 1, the Court of Appeals of Virginia ruled that a proposed Washington Gas Light (WGL) natural gas pipeline project is a “distribution” and not a “transmission” pipeline project. In Virginia, distribution pipelines are exempt from needing to conform to local municipal ordinances, while transmission lines are subject to such ordinances. Read More “Va. Court Rules on What Defines Distribution vs Transmission Pipe”
Energy Services | Energy Transfer Partners | Industrywide Issues | Litigation | Ohio | Pipelines | Statewide OH | Taxation

Rover Pipeline Loses Ohio Supreme Court Decision to Lower Tax Bill
August 14, 2025August 14, 2025

Rover Pipeline, a 713-mile natural gas pipeline, was designed to carry up to 3.25 billion cubic feet per day (Bcf/d) of Marcellus and Utica gas from Pennsylvania, West Virginia, and Ohio to destinations in Ohio, Michigan, West Virginia, and Canada. The project was completed and came online in late 2018 (see FERC OKs Final 2 Rover Pipeline Laterals – Now 100% Online). Rover’s original estimated cost to build the project was $4.08 billion. It ultimately cost $6.3 billion, as historically high rainfall led to additional unforeseen expenses, delays, and inspections. Most of the pipeline runs through Ohio, which assesses a property tax on such projects. Rover and Ohio disagree over the value to be assigned to the pipeline for annual taxation purposes. After several appeals, the case headed to the Ohio Supreme Court in May (see Rover Pipeline Heads to Ohio Supreme Court to Lower Tax Assessment). The Supremes issued their ruling yesterday, and it didn’t go Rover’s way. Read More “Rover Pipeline Loses Ohio Supreme Court Decision to Lower Tax Bill”
CNG/LNG | Energy Companies | Exporting | Industrywide Issues | Litigation | Shell

Shell Loses Case Against Venture Global for Delayed LNG Cargoes
August 13, 2025August 13, 2025

Venture Global has won an arbitration case brought against it by Shell. The case accused Venture Global of not delivering contracted LNG shipments *for years* while Venture Global sold those shipments on the open/spot market for more money than they would have made from honoring their contracts with Shell (and with other big LNG buyers, Shell wasn’t the only one to sue). Shell claimed to have spent some $1.7 billion more buying LNG than it would have if Venture Global had honored its contract. Yet in arbitration, the tribunal found that Venture Global did honor the letter of the contracts signed. Venture Global may have won based on the letter of the contract, but they certainly lost based on the spirit of the contract, by exploiting loopholes. They lost the trust of their customers. Read More “Shell Loses Case Against Venture Global for Delayed LNG Cargoes”
Industrywide Issues | Landfills | Litigation | Mercer County | Pennsylvania | Regulation

PA Commonwealth Court Overturns Permit for Drill Cuttings Landfill
August 8, 2025August 8, 2025

In January 2024, MDN told you about a long-closed landfill that seeks to reopen in Liberty and Pine Townships in Mercer County, PA (see Group Claims Drill Cuttings for Grove City Landfill “Radioactive”). In 2020, Tri-County Landfill Inc. submitted a permit application for the construction and operation of a municipal waste landfill site operated from 1950 to 1990. One of the objections to reopening the landfill is that it may accept drill cuttings from fracked wells. The Pennsylvania Department of Environmental Protection (DEP) issued a permit to allow the project to proceed. The permit was challenged, and the challenge was rejected. Those who object to the landfill reopening appealed their rejected challenge to PA’s Commonwealth Court, which heard oral arguments in May (see Oral Arguments for Lawsuit re Shale Drill Cuttings at PA Landfill). The court ruled yesterday. Read More “PA Commonwealth Court Overturns Permit for Drill Cuttings Landfill”