Yet Another Defeat for ME2 Pipeline Antis in PA Court

The wheels of justice sometimes grind sloooooowly–but they do grind and eventually decisions are made. In 2017, rich, snobbish homeowners in an “upscale” Philadelphia suburb development asked a Pennsylvania appeals court (Commonwealth Court) to stop Sunoco Logistics from building the Mariner East 2 pipeline through the edge of their high-priced development (see Rich Homeowners in Philly Suburb Claim ME2 Work Stirring up Arsenic).
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In May, Columbia Gas Transmission was forced to haul the State of Maryland into court over the state’s refusal to grant an easement to drill a tiny 3.5-mile pipeline under the Potomac River (see
In 2017 a group of Ohio landowners did what others had previously done in Pennsylvania, Texas and elsewhere–they filed a proposed class action lawsuit against Chesapeake Energy claiming Chessy had screwed them and about 1,000 other Ohio landowners out of a collective $30 million in royalty payments (see
Hoping that lightning strikes twice with the “judges” at the U.S. Court of Appeals for the Fourth Circuit (4th Circus) who read children’s books like The Lorax and use them in their decisions, deep-pocketed Big Green groups have filed a new lawsuit with the quirky judges asking that they overturn federal approvals issued to Mountain Valley Pipeline (MVP) under the Endangered Species Act (ESA). Big Green hopes the clown judges will overturn approvals for MVP the same way they did for Dominion Energy’s Atlantic Coast Pipeline (ACP) project.
Chester County, PA District Attorney Tom Hogan has sunk to a new low. We told you back in January Hogan and his highly-paid staff, motivated by politics, were investigating Energy Transfer, their Sunoco Logistics division and anyone/anything to do with ET’s Mariner East pipeline projects, looking for “crimes.” All he found were minor violations by two off-duty PA constables (see
In March 2017, radical green groups, including the Sierra Club, Lancaster Against Pipelines, Lebanon Pipeline Awareness, Allegheny Defense Project, Clean Air Council, Concerned Citizens of Lebanon County, and Heartwood, filed a lawsuit in the U.S. Court of Appeals for the District of Columbia in an attempt to block construction of the $3 billion Atlantic Sunrise Pipeline project in Pennsylvania (see
A small group of New York landowners in Tioga County, NY continue to pressure the New York Dept. of Environmental Conservation (DEC) to allow them to drill and frack a single Utica well using LPG, or liquefied petroleum gas (i.e. propane). The DEC under the direction of Andrew Cuomo continues to purposely drag its feet in approving the project. The landowners are not giving up and hope to prove that fracking in NY can happen. They’re keepin’ the dream alive.
A new group has formed in New York State with the aim of using a recent U.S. Supreme Court decision as ammunition to sue NY over its ban on hydraulic fracturing. The new group, called Landowner Advocates of New York (LANY), was started by MDN friend Vic Furman. Could this finally be the solution to force Andrew Cuomo to allow fracking?
How much “due diligence” must a landowner engage in when it comes to locating a long lost mineral rights owner in Ohio? According to Ohio’s Dormant Mineral Act (ODMA), the landowner who wants to reclaim mineral rights that were severed must (a) send a certified letter to the last known address of the rights owner, and (b) if that doesn’t work, publish a notice in local newspapers to try and find the long lost rights owner. After that, the landowner can reclaim the mineral rights (an oversimplification, but you get the idea).
The actions of one man seeking access to confidential risk assessments and plans for the Mariner East pipelines in the Philadelphia area will, if successful, put information into the public domain that terrorists can potentially use. Note we don’t believe it is the intent of this man to grant access to sensitive information to terrorists. But that is the consequence, the outcome, the result of his actions–if a court now reviewing the case grants his request.
Columbia Gas of Massachusetts (NiSource) continues to recover (physically and reputationally) from a series of explosions last September in its local delivery pipelines north of Boston (see
A landowner in Pike County, PA called King Arthur Estates LP, challenged Kinder Morgan’s Tennessee Gas Pipeline (TGP) over the amount of money they should receive to have a pipeline cross its land–and has won the right to use PA’s more generous laws on compensation rather than the federal government’s more stingy laws on “just” compensation. The decision sets a precedent for all PA landowners.