Anti-Drilling/Fossil Fuel | Energy Services | Industrywide Issues | Litigation | NEXUS Pipeline | Ohio | Pipelines | Statewide OH
DC Court Allows NEXUS Case (to Emasculate FERC) to Proceed
Yesterday the D.C. Circuit Court of Appeals, the court that handles challenges to regulatory agencies like the Federal Energy Regulatory Commission (FERC), refused to toss out a case filed by the City of Oberlin, OH and a regional anti group (with the backing of Big Green lawyer$). The lawsuit challenges FERC’s approval of the NEXUS Pipeline project. Even though NEXUS is built and flowing, and even though Oberlin settled with NEXUS, meaning there is no longer a reason to sue, that doesn’t matter to antis. There’s a larger issue at play, and the D.C. Circuit played right into the hands of Big Green manipulators.
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Global warming fundamentalists certainly are a persistent lot. They can’t win elections, and they can’t force state or federal legislatures to pass laws banning pipelines (and shale drilling), so they do the next best thing. They twist our own court system against us in an attempt to block pipelines. Which has worked to some degree, at least in the northeast. The aim is to block all pipelines everywhere, eventually. Even in Texas. One of the ways antis attack the ability to build pipelines is by challenging what they pejoratively call “quick take” eminent domain–the right for a pipeline company to access and build a pipeline on property ahead of actually settling how much money the landowner will receive (in the case of landowners who refuse to negotiate).
A recent article on the Forbes website helps crystallize and expose the strategy of a group we call global warming fundamentalists in their religious quest to block fossil fuels by blocking pipelines. That strategy works this way: Mount enough legal challenges to ramp up costs and ultimately convince pipeline builders to walk away from projects. “Ground zero” in pipeline wars right now is, according to the author, two projects: the Atlantic Coast Pipeline, and the Mountain Valley Pipeline. Both projects are right here in the Marcellus/Utica.
Oilfield services company (OFS) Mammoth Energy Services, headquartered in Oklahoma City, OK, operates in the Marcellus/Utica Shale, Permian Basin, SCOOP/STACK in Oklahoma, and in Canada’s oil sands region. Mammoth not only works in OFS, they also dabble in electrical transmission and distribution (“T&D”) work. Following the 2017 disaster when Hurricane Maria devastated Puerto Rico, Mammoth was hired to help rebuild the electric utility infrastructure on the island (see 
In February MDN told you that Dominion Energy planned to appeal a decision by the U.S. Court of Appeals for the Fourth Circuit blocking an important permit for Atlantic Coast Pipeline to drill under the Appalachian Trail directly to the U.S. Supreme Court (see 
In May, MDN told you that U.S. Circuit Court of Appeals for the District of Columbia rejected an appeal by the rich snobs from Cooperstown who call themselves Otsego 2000, challenging the Federal Energy Regulatory Commission’s (FERC) approval of Dominion Energy’s New Market Project to build two new compressor stations in Upstate NY (see 
In 2016 WGL Midstream became an investor/joint venture partner in the Stonewall Gathering System, a system which gathers Antero Resources’ natural gas from several West Virginia counties (see 
Energy Transfer continues to squabble with the Pennsylvania Dept. of Environmental Protection (DEP) over the fate of the still-closed Revolution Pipeline in western PA. In May the DEP issued an order to Energy Transfer, builder of Revolution, to “identify and restore or mitigate all streams and wetlands that it illegally eliminated or altered during the construction” of the pipeline (see 
A Pennsylvania landowner thought he could finagle extra payments from XTO Energy after his land was drilled under from a neighboring property. The landowner had signed a lease, and the lease contains language that says if XTO were to drill “on” his property (i.e. install a well pad) the landowner would receive an extra payment. The landowner sued saying “on” also means “under” when XTO drilled under his property. The Superior Court of Pennsylvania disagreed, saying “on” means “on the surface” and “under” does not mean “on”.
In Feb. 2016, lawsuits filed by some ~200 West Virginia residents against Antero Resources were combined into a class action (see 
Dominion Energy has laid 35 miles (so far) of the 600-mile Atlantic Coast Pipeline (ACP) project that will run from West Virginia to North Carolina to bring Marcellus/Utica gas to the South. However, the project has been stalled for months due to multiple lawsuits brought by colluding Big Green groups. We recently told you about a whispering campaign that says Dominion may abandon the project (see 
Last Wednesday the West Virginia Supreme Court issued a consolidated opinion lumping together seven similar lawsuits filed by Antero Resources and CNX Resources against the WV state tax commissioner and the Doddridge County Commission. The lawsuits take issue with the way gas well valuations are calculated for property taxes.