Fed Court Case for Now-Defunct Constitution Pipe Put on Pause
In February Williams official gave up on building a long-delayed project to flow natural gas from northeastern Pennsylvania into central New York, called the Constitution Pipeline (see Sad Day: Williams Declares Constitution Pipeline Project Dead). We mourned the loss which hurt so deeply because it seemed the project was close to winning a federal court case against New York State, a case in which the Federal Energy Regulatory Commission (FERC) said NY had taken too long to reject Constitution, thereby forfeiting its right to have a say in where the pipeline gets built. NY took FERC to court (see NY DEC Will “Fight” FERC over Constitution Pipeline Decision). That case seemed to us to be close to resolution, but since Williams has decided to cancel the project, the court case is now “frozen” in time.
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Although it seems counterintuitive to say this, maybe NY Gov. Andrew Cuomo and his legion of radicalized Democrats have done New York landowners a favor with a permanent ban on fracking, passed as part of the most recent state budget (see
In 2015 a group of Ohio landowners did what landowners had previously done in Pennsylvania, Texas and elsewhere–they filed a proposed class-action lawsuit against Chesapeake Energy claiming Chessy had screwed them and about 1,000 other Ohio landowners out of a collective $30 million in royalty payments (see
This is truly disappointing. A few weeks ago we told you that Pennsylvania Commonwealth Court ruled a long-running lawsuit involving Grant Township (Indiana County, PA) will continue on through the court system (see
The Energy Equipment and Infrastructure Alliance (EEIA), a non-profit representing people and businesses who work in the energy infrastructure supply chain, filed an “amicus curiae” (friend of the court) brief in support of PennEast Pipeline’s request to get the U.S. Supreme Court. PennEast has asked the Supremes to overturn a lower court decision that allows states like New Jersey to usurp federal authority by blocking PennEast, a FERC-approved pipeline.
If there’s a silver lining in this tragic COVID-19 coronavirus crisis, this may be it: Radicals who want to deny everyone the right to use fossil fuels with their unending campaigns of protests and legal actions are pretty much stopped in their tracks. They can no longer make mischief to block pipelines and shale drilling and the use of natural gas by ordinary citizens (via municipal bans). The virus has stopped most court cases, public hearings, and even the right to assemble and protest. Antis are apoplectic and scared that pipeline and drilling projects will get approved and move forward because antis can’t bully public officials and courts into bending to their twisted anti-fossil fuel views.
Before Lord Obama and the EPA Obamadroids left office, they inflicted a great deal of damage to this country via onerous and outrageous new regulations. When President Trump took office, he immediately began to roll back and rightsize regulations at the EPA (and elsewhere), scaling back overregulation to common-sense regulation. We’re talking about regs like the horrible so-called Clean Power Plan. The Obamadroids and Big Green lobby (one and the same, with gobs of money) have litigated Trump’s efforts to restore sanity to EPA regulations every square centimeter of the way.
Radicalized leftist groups pretending to care about the environment, including the Center for Biological Diversity, Sierra Club and Ohio Environmental Council, have struck again. In May 2017 the three groups sued the U.S. Forest Service and U.S. Bureau of Land Management (BLM) to block the sale of leases for oil and gas drilling in Ohio’s Wayne National Forest (WNF). Last week a federal judge ruled in their favor. The court has effectively blocked all future lease auctions for WNF and is considering overturning two previous auctions. This is a DIRECT attack on the property rights of private landowners.
In a disappointing decision, Pennsylvania Commonwealth Court recently ruled a long-running lawsuit filed against Grant Township (Indiana County, PA) will continue on through the court system. For the past several years we’ve reported on the case of Grant Township, a town that passed an ordinance cooked up by the radical Community Environmental Legal Defense Fund (CELDF) to try and block a state-approved injection well. Part of the ordinance was tossed. However, Commonwealth Court has decided the town can continue to try and make a case that it should be able to override state law with its home-cooked regulations because by doing so they will somehow protect citizens’ health, which the town says is allowed under PA’s poorly-written Environmental Rights Amendment (ERA).
The 600-mile Dominion Energy Atlantic Coast Pipeline (ACP) project has completed about 35 miles of the project and that’s it. Why? Lawsuits, brought by Big Green groups. The biggest challenge the project faces is a lawsuit that ruled ACP could not cross under the Appalachian Trail. Dominion appealed the decision to the U.S. Supreme Court where it now sits. By all accounts, the recent oral arguments before the Supremes went well for ACP (see
Last week MDN brought you news (from the Associated Press) that Cabot Oil & Gas had “abandoned” negotiations to settle a lawsuit they brought against attorneys who had sued Cabot for something already settled in a previous lawsuit (see
In April 2017 Dimock Township (Susquehanna County, PA) resident Ray Kemble and lawyers from two different law firms filed a new lawsuit against Cabot Oil & Gas over claims of contaminated water from local fracking. Thing is, those claims were settled by Cabot with Kemble years earlier. Cabot said this was a renewed attempt to sully its good name and reputation and countersued Kemble and his lawyers for $5 million (see
Anti-fossil fuelers know no depths to which they won’t sink in efforts to block *any* new natural gas pipelines. Louisville Gas and Electric Company (LG&E) has state approval to build a new 12-inch, 12-mile pipeline near Louisville to supply gas to 62 homes and businesses that can’t connect to LG&E’s local natgas utility system. The local Bernheim Arboretum has resisted attempts to build across three-tenths of one percent (0.028%) of Arboretum land–along an existing cleared path where electric lines already go (see
While the Andrew Cuomo-corrupted New York Dept. of Environmental Conservation (DEC) can claim a victory in stopping the much-needed Constitution Pipeline (see