Worst Fears May Come True with PennEast Pipeline Court Decision
Yesterday 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 Federal Court Rules PennEast Pipe Can’t Run Thru NJ State Land). We expressed a grave fear that this ruling, which sets a precedent, may result in new pipeline projects in lefty states (like NY, NJ, MD, CA, etc.) getting blocked. Turns out we’re not the only ones who believe that may happen.
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What’s the status of Atlantic Coast Pipeline (ACP), a 600+ mile pipeline that will run from West Virginia through Virginia and into North Carolina? Only 35 miles of pipeline is currently built, and all construction, at the moment, is blocked by the U.S. Fourth District Court of Appeals. Almost all of the workers for the project (thousands of them) have been laid off. Big Green groups with deep pockets have harassed the project from the beginning by filing lawsuits, blocking construction. Yet Dominion Energy, the primary partner and builder of ACP, remains “confident” the pipeline will, eventually, get built. When?
Well, score a victory for the forces of evil. Sometimes Darth Vader wins–that’s life. Yesterday the U.S. Court of Appeals for the Third Circuit ruled that PennEast Pipeline cannot use the power of eminent domain to “condemn” (take possession of) land that is owned or otherwise controlled by the State of New Jersey because it violates the Eleventh Amendment of the U.S. Constitution. According to the judges, the Eleventh Amendment says states have sovereign immunity from such actions.
EQT contracted two drilling rigs from Orion Drilling in 2014 that later, in 2015 and 2016, experienced trouble–like a 50,000-pound drilling block slamming to the ground kind of trouble. EQT canceled the contract and would no longer use the two rigs. Orion sued claiming breach of contract. A jury decided EQT was in the right by canceling the contract. Orion asked a judge to overturn the jury decision and order a new trial. Yesterday the judge refused, meaning the jury decision stands and Orion now owes EQT $2.8 million to cover EQT’s attorneys’ fees and costs. Ouch, that didn’t go as planned.
On Monday MDN told you that radical anti-fossil fuelers and the City of Oberlin, OH won a minor victory of sorts against the long-completed NEXUS Pipeline project (see 
This 
The Pennsylvania Dept. of Environmental Protection (DEP), which once supported (in court) Sunoco Logistics Partners method of requesting permits for the Marcus Hook facility (near Philadelphia), has just flip flopped and change sides, now siding against Sunoco and the permits the DEP itself issued for the Marcus Hook facility. DEP is now siding with the radical Clean Air Council demanding that all of the work at the Marcus Hook facility be done under a single emissions permit, not separate permits.
Last October MDN brought to your attention a lawsuit filed by a Washington County, PA couple, Robin and Thomas Pflasterer, against Range Resources (see 
Since late last year we’ve tracked a lawsuit brought by radical antis and the City of Oberlin, OH against the long-completed NEXUS Pipeline project. Last Friday the D.C. Circuit Court of Appeals, the court that handles challenges to regulatory agencies like the Federal Energy Regulatory Commission (FERC), refused to drop the case and told FERC to once again try to justify the project in light that some of the gas gets exported to Canada.
The new leadership at the top of EQT continues to have a major impact on the company and its relationship with landowners and (in this case) entire states. Last year EQT launched an effort to overturn WV’s Senate Bill (SB) 360 (see 
FirstEnergy continues its desperate attempt to prevent a referendum measure from hitting the fall ballot in Ohio that would overturn a recently passed (very bad) law that bails out FirstEnergy’s failing nuclear power plants in the state to the tune of $1.5 billion. Earlier this week we told you FirstEnergy is running tinfoil hat commercials claiming China would soon control Ohio’s electric grid if the bailout bill is overturned (see 
You can’t say we didn’t see this one coming. Last week the Federal Energy Regulatory Commission (FERC) ruled that the New York Dept. of Environmental Conservation (DEC) took too long to deny a federal Clean Water Act “Section 401” water crossing permit for the Williams Constitution Pipeline project (see 
In February, prior to the July takover by Toby and Derek Rice, EQT filed lawsuits in both Pennsylvania and federal courts against two former employees it had fired, claiming the employees, before they were fired, had systematically copied confidential information from company computers and took it with them when they left (see 
In the American legal system those accused of wrongdoing, including those afraid of being entrapped by so-called law enforcement (like the Chester County, PA District Attorney Tom Hogan) are entitled to legal representation–to protect themselves from the abuses of people like DA Hogan. Yet when they do so, avail themselves of legal representation, Hogan gets bent out of shape. Could it be he *has no case* and wants to bully people into admitting to things they are not guilty of? Or force them to falsely testify to things the prosecutor wants to hear?
In June MDN told you that the Cambridge (Massachusetts) Retirement System is not happy with their investment in EQT shares of stock, so they’re suing the company (see