Dominion Energy | Energy Services | Industrywide Issues | Litigation | Pipelines | Regulation | Virginia
4th Circus Clown Judges Nix Va. Compressor Permit for AC Pipe
The Lorax Judge strikes again. One year ago the Virginia State Air Quality Board, at the prompting of Gov. Ralph Northam, voted to approve a low-emissions compressor station for Dominion Energy’s Atlantic Coast Pipeline (ACP), to be built about an hour outside of Richmond, Virginia (see Va. State Agency Approves Atlantic Coast Pipe Compressor Stn). Big Green groups with deep pockets litigated that decision, making the disgusting claim that the compressor station is “racist” because it will be built in a community founded by emancipated slaves following the Civil War.
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Huntington County, PA landowners Stephen and Ellen Gerhart have opposed the Mariner East pipeline project across their land from day one. They (and their daughter) have a long history of activism against the project. The Gerharts sued the builder, Sunoco Logistics Partners, in a bid to first block the pipeline, and later “restore” their property after it was built. In the end the Gerharts won a single, tiny concession–forcing Sunoco to recreate a swamp (i.e. “wetland”) on their property–all of 0.066 acres (meaning less than 1/10th of an acre–about the size of a big mud puddle). The Gerharts legal bills over the past several years have added up to $266,000. The attorneys asked the PA Environmental Hearing Board, a special court that hears appeals of DEP decisions, to make Sunoco and the PA Dept. of Environmental Protection (DEP) pay the bill. How much did they get?
In a lawsuit filed last week, three couples who own land along the route of the Mountain Valley Pipeline (MVP) in Virginia, who don’t want the pipeline crossing their land, are trying to overturn federal approval of MVP by emasculating the Federal Energy Regulatory Commission. This is not the first time someone has tried to emasculate FERC using MVP.
Last July MDN broke the news that LOLA Energy had filed a lawsuit in Greene County, PA against EQT for allegedly drilling shale wells under property EQT formerly leased, but property for which the leases had lapsed and were subsequently scooped up by LOLA Energy II (see 
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.
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.