PennEast Asks Full 3rd Circuit to Reconsider Bad Decision
The stakes are about as high as it gets: “The immediate disruption of the natural gas industry,” says PennEast Pipeline. We’re referring to a terrible decision in September by the U.S. Court of Appeals for the Third Circuit that disallows PennEast from using the delegated power of eminent domain to cross properties either owned by, or with easements granted to, the state of New Jersey (see Federal Court Rules PennEast Pipe Can’t Run Thru NJ State Land). Earlier this week PennEast asked the Third Circuit to reconsider the decision, this time with all of the judges reviewing and voting instead of just three.
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The fight to overturn Ohio’s House Bill 6, a $1 billion bailout (freebie) given to FirstEnergy to prop up its uneconomical nuclear power plants is getting nasty. Really nasty. We previously told you about FirstEnergy’s lying commercials that claim China controls the state’s natural gas industry–because a Chinese bank loaned some of the gas-fired plants money (see 
As MDN previously reported, the U.S. Court of Appeals for the Fourth Circuit bought the lies of colluding Big Green groups and decided to put a hold on a permit issued by the U.S. Fish and Wildlife Service (FWS) that allows the Mountain Valley Pipeline (MVP) to build through areas with so-called endangered and threatened species (see 
In April, the D.C. Circuit Court of Appeals slapped down both New York and North Carolina regulators who tried to block three important Williams pipeline projects, all related to the mighty Transco Pipeline (see 
We’ve seen this movie before. The radical fringe leftists from the Sierra Club (disgusting organization) convinced the clown judges of the U.S. Court of Appeals for the Fourth Circuit (i.e. Circus) to block construction of Dominion Energy’s 600-mile Atlantic Coast Pipeline (ACP) pipeline by getting the court to toss U.S. Fish and Wildlife Service permits that allow the project to kill a couple of bats along a few miles of the project (see 
Here’s a cautionary tale for landowners who think they can go court-shopping on the other side of the country to settle their differences with pipelines that cross their land. Don’t do it. A Pennsylvania landowner in Schuylkill County, PA thought he could force Williams’ (Transco Pipeline) into arbitration to compensate him for allowing the Atlantic Sunrise pipeline crossing his land. Except the landowner filed for arbitration in California! Williams/Transco refused to participate in the arbitration since Cali has NOTHING to do with Pennsylvania when it comes to arbitrating compensation for eminent domain.
Global warming fundamentalists have struck out yet again. In May, the U.S. Supreme Court refused to hear a case appealed from a lower court by a group of Lancaster County landowners who claim Williams and their Atlantic Sunrise Pipeline project abused eminent domain authority by building the pipeline before litigating (for years) how much money landowners should receive (see 
In September MDN brought you news of the U.S. Court of Appeals for the Third Circuit ruling that disallows PennEast Pipeline from using the delegated power of eminent domain to cross properties either owned by, or with easements granted to, the state of New Jersey (see 
National Fuel Gas Company (NFG), the utility and midstream giant based in Buffalo, NY, remains committed to building it’s Northern Access Pipeline project, a $500 million project that includes building 97 miles of new pipeline along a power line corridor from northwestern Pennsylvania up to Erie County, NY. The project also calls for 3 miles of new pipeline further up, in Niagara County, along with a new compressor station in the Town of Pendleton. Although New York State (under the profoundly corrupt Andrew Cuomo) continues to try and block the project, NFG says they will build it–in the 2022-23 time frame.
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 on Friday. This is *seriously* good news!
For the past several years we’ve reported on the case of Grant Township, PA, 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, and earlier this year a judge ordered the town to pay $102,000 in legal fees incurred by the operator the town has harmed by its action (see 
It’s hard to keep track of the multiple lawsuits filed against every single new natural gas pipeline project in the Marcellus/Utica. But we try! Take the PennEast Pipeline, for example. PennEast is a $1 billion (or $1.2 billion, depending on the source) new greenfield pipeline project from Luzerne County, PA to Mercer County, NJ. PennEast will flow PA Marcellus gas to markets in NJ. The project has faced numerous lawsuits and regulatory blockades, much of it in NJ. There are two different lawsuits of current interest, with one affecting the other.
A group of Ohio landowners sued Chesapeake Energy in 2015 in a class action, alleging that Chesapeake had shorted them on royalty payments (see 
Two very important (perhaps we should say critically important) cases now sit before the U.S. Supreme Court–cases that have a direct bearing on the Marcellus/Utica region. Both cases deal with pipelines. The first case we’ve written about before: Dominion Energy’s Atlantic Coast Pipeline case to overturn a nutty decision by the U.S. Court of Appeals for the Fourth Circuit that judicially creates a new law that pipelines can’t cross under the Appalachian Trail without (no kidding) an Act of Congress. The other case involves the Hoopa Valley Indian Tribe in California–a case that has profound implications for the Constitution Pipeline from Pennsylvania into New York.