Ohio Court: Utica Frackers Owed Sales Tax Refunds for Equipment
Good news for oilfield services companies that offer fracking services in the Ohio Utica Shale. The Tenth District Ohio Court of Appeals recently ruled that an amendment to an existing law granting tax exempt status for oil and gas equipment not only applies to equipment purchased by frackers from now on, it also applies to equipment they’ve purchased (and paid sales tax on) going back in time too. In other words, some frackers are owed refunds on the sales tax they’ve paid in the past.
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The Ohio Supreme Court, on Christmas Eve, threw a lifeline to an effort to overturn an Ohio law that provides corporate welfare in the form of $1 billion of ratepayer (taxpayer) money to FirstEnergy (which recently changed its name to Harbor Energy). The Ohio law provides the funds to FirstEnergy so they can keep two economically failing nuclear power plants up and running, giving the plants an unfair advantage over gas-fired plants that don’t receive corporate welfare.
One of the companies in the Marcellus industry targeted for extinction by Pennsylvania’s former Attorney General, Kathleen Kane, was Minuteman Environmental Services (see 
Pennsylvania Public Utility Commission Law Judge Elizabeth Barnes has tried to stop or block or otherwise do damage to the Mariner East pipeline projects for years. Most (all?) of her actions against the project have, in the past, been reversed by a vote of PUC Commissioners (see 
In what has become an ongoing pattern, THE Delaware Riverkeeper (aka Maya van Rossum) has lost yet another lawsuit (in federal court) against a pipeline project–in this case the Millennium Pipeline expansion project called the Eastern System Upgrade.
In Nov. 2017 the Ohio Attorney General’s office under then-AG Mike Dewine (RINO swamp dweller, now governor) sued Energy Transfer at the prompting of the Ohio EPA claiming the company’s Rover Pipeline project was guilty of “polluting state waters while constructing a natural gas pipeline across Ohio” (see 
A leftist anti-fossil group calling itself Protect PT, in Penn Township (Westmoreland County), PA, backed with money from Big Green groups, continues to sue in an effort to block shale drilling in the township. And they keep losing their lawsuits. In November the group lost an appeal of a lower court ruling which challenges a Penn Township ordinance allowing Apex Energy and Huntley & Huntley (now Olympus Energy) to drill and operate wells (see 
In October MDN told you Mountain Valley Pipeline (MVP) had been bullied by the Attorney General in Virginia into agreeing to pay a $2.15 million fine and subject itself to stricter monitoring–an ongoing anal exam–as they complete construction of the pipeline in the state (see 
As it turns out, Exxon didn’t know. You may recall the hue and cry from radical anti-fossil fuelers that #ExxonKnew–knew they were toasting mom earth by extracting and encouraging the burning of oil and natural gas. The New Attorney General’s office launched an investigation, and then a lawsuit, charging the same thing. The NY AG claimed Exxon had defrauded shareholders by covering up knowledge of global warming. The first lawsuit to go to trial against Exxon for causing global warming was in NY, where the AG (Letitia “Tish” James) headed up a disaster of a lawsuit. She (and her office) was thoroughly and completely humiliated by a NY judge who said she never proved anything. Her team’s performance was worse than that of a first-year law student.
The U.S. Supreme Court yesterday refused to hear a case that challenged a ruling in the Hoopa Valley Indian Tribe case–a ruling/case that has HUGE implications for Williams’ Constitution Pipeline running through New York State. The Supreme Court rejection is a crushing defeat for Big Green groups Trout Unlimited and California Trout, and very good news for the Constitution project.
Dominion Energy’s Atlantic Coast Pipeline (ACP) previously filed a request with the U.S. Supreme Court to overturn a decision by the U.S. Court of Appeals for the Fourth Circuit that judicially creates a new law stipulating pipelines can’t cross under the Appalachian Trail without (no kidding) an Act of Congress. The clown judges of the Fourth Circus (our name for that court) revoked a permit issued by the U.S. Forest Service. A list of 21 business and oil/gas industry groups filed a “friend of the court” brief yesterday supporting ACP, asking the Supremes to reinstate the Forest Service permit for the project.
Dominion Energy’s Atlantic Coast Pipeline (ACP) previously filed a request with the U.S. Supreme Court to overturn a decision by the U.S. Court of Appeals for the Fourth Circuit that judicially creates a new law stipulating pipelines can’t cross under the Appalachian Trail without (no kidding) an Act of Congress. The Supremes get 8,000 such requests each year, and accept maybe 80 (or 1%). Lightning struck. The ACP case was accepted by the Supremes in October (see 
The mafiosi at FirstEnergy lost their lawsuit filed with the Ohio Supreme Court in a bid to block a referendum aimed at giving all Ohio residents the right to vote to overturn an ill-conceived corporate welfare law passed that puts $1 billion into FirstEnergy’s pocket in order to keep two failing nuclear power plants open. Although they lost the case, FirstEnergy claims the Supreme Court decision is a “victory” for their attempt to keep their grubby hands on taxpayer’s money. How does that work?
Last week MDN told you about a law firm fishing for Energy Transfer shareholders to join its class action lawsuit against the company over rumors of corruption in obtaining permits to build the Mariner East 2 pipeline project (see