Litigation

Anti-Drilling/Fossil Fuel | CNX Resources | Energy Companies | Industrywide Issues | Litigation

CNX Files Lawsuit Against Capital & Main for Defamation re Article
November 3, 2025November 3, 2025

Capital & Main is a left-leaning news outlet based in California. Capital & Main is about as left as left gets, yet pretends to be a legit news outfit [uncontrolled laughing]. Capital & Main has repeatedly targeted CNX Resources to smear the company and its Radical Transparency initiative. In September, we brought you Capital & Main’s latest hit piece alleging CNX’s operations are polluting and causing ill health for those who live nearby. The article also said CNX’s drilling program is anything but transparent (see Leftists Rattled by CNX’s Real Science and Radical Transparency). That article, says CNX, stepped over the line and defamed the company. So, CNX has filed a lawsuit against Capital & Main. Read More “CNX Files Lawsuit Against Capital & Main for Defamation re Article”
Anti-Drilling/Fossil Fuel | Energy Services | Industrywide Issues | Litigation | Pipelines | Transco | Williams

Radicals Sue FERC for Reissuing NESE “Zombie” Pipeline Certification
October 31, 2025October 31, 2025

NESE – the “zombie” pipeline

In May, pipeline giant Williams filed a 246-page request with the Federal Energy Regulatory Commission (FERC) to expedite the reissuance of a certificate for the Northeast Supply Enhancement (NESE) project, a billion-dollar-plus project designed to increase Transco pipeline capacity and flows of Marcellus gas heading into New York City and other northeastern markets (see Williams Files Request Asking FERC to Reissue NESE Cert in NY, NJ). In late August, FERC did just that (see FERC Reissues NESE Pipeline Project Certificate for NY, NJ). Radical anti-fossil fuel groups asked FERC for a “rehearing” to reconsider the decision. FERC didn’t agree to rehear its decision, resulting in a lawsuit. Read More “Radicals Sue FERC for Reissuing NESE “Zombie” Pipeline Certification”
Belmont County | Energy Companies | EQT Corp | Gulfport Energy | Industrywide Issues | Litigation | Ohio

Judge Won’t Dismiss OH Case re EQT, Gulfport Tapping Pt Pleasant
October 24, 2025October 24, 2025

We happened across a lawsuit we didn’t know about, involving an issue we’ve seen before. A landowner in Belmont County, Ohio, filed a lawsuit in June 2024 alleging that Gulfport Energy, in a joint development agreement with EQT (the lease owner), drilled three wells under the landowner’s property that tapped into the Point Pleasant formation, which sits immediately below the Utica. The landowner said the lease only allows drilling in the Utica and Marcellus and NOT in the Point Pleasant. Read More “Judge Won’t Dismiss OH Case re EQT, Gulfport Tapping Pt Pleasant”
Anti-Drilling/Fossil Fuel | Industrywide Issues | Litigation

Climate Lawyer Admits (Brags) Lawsuits Are a Back Door Carbon Tax
October 24, 2025October 24, 2025

For years, we’ve tracked and sometimes discussed lawsuits (a better term is lawfare) from the left against fossil fuel companies. These lawsuits seek to blame oil and gas companies for causing global warming by putting “too much” carbon dioxide into the atmosphere, even though you breathe CO2 out with every breath you take, as do all mammals. The left doesn’t even care if it loses these lawsuits (although they’d love to win some of them) because the very act of forcing companies to defend themselves, and paying big money to do so, means they must raise the price of their goods, and consumers eventually pay those higher prices. A Big Green attorney working on some of these lawsuits openly admits—we’d call it bragging—that the lawsuits are a backdoor carbon tax aimed at forcing consumers to pay more. It’s SICK. Read More “Climate Lawyer Admits (Brags) Lawsuits Are a Back Door Carbon Tax”
BP | CNG/LNG | Energy Companies | Exporting | Industrywide Issues | Litigation

Venture Global’s CP LNG Loses Arbitration to BP, Owes Big Money
October 17, 2025October 17, 2025

Venture Global’s Calcasieu Pass (CP) LNG export facility in Louisiana began operations in March 2022 (see Calcasieu Pass LNG Loads Inaugural Cargo; Sabine Pass LNG Expands). Typically, a new LNG facility will load and ship several (maybe two or three) cargoes to “work out the kinks” and ensure everything is working as advertised. Venture Global, using loopholes in its signed contracts, maintained that they were working out the kinks long after it began shipping. After hundreds of cargoes were shipped, CP’s customers were still not receiving their contracted (at lower prices) shipments. Shell, along with several other customers, sued (see Shell, Edison, BP File for Arbitration Against Venture Global LNG). Last week, BP won its case against Venture Global. Read More “Venture Global’s CP LNG Loses Arbitration to BP, Owes Big Money”
CNG/LNG | Exporting | Industrywide Issues | Litigation

THE Delaware Riverkeeper Sues DRBC re NJ LNG Export Dock
October 15, 2025October 15, 2025

In September 2022, the Delaware River Basin Commission (DRBC), a dysfunctional, hot mess of an organization, voted to extend a permit to build a special LNG export dock along the shoreline of the Delaware River in New Jersey by an extra three years (see DRBC Gives LNG Export Dock in Dela. River Extra 3 Yrs to Build). That action sent the enviro-left, including THE Delaware Riverkeeper (Maya van Rossum), into apoplectic fits. Three years later (in September of this year), at the end of the original time extension, the five members of the DRBC voted unanimously to extend the deadline *another* five years (see DRBC Gives LNG Export Dock in Dela. River Extra 5 Yrs to Build). Van Rossum and the Riverkeeper gang have sued to block the time extension. Read More “THE Delaware Riverkeeper Sues DRBC re NJ LNG Export Dock”
Anti-Drilling/Fossil Fuel | CNG/LNG | Exporting | Industrywide Issues | Litigation

La. State Court Tosses Building Permit for Commonwealth LNG
October 15, 2025October 15, 2025

Commonwealth LNG is developing a 9.5 MTPA (million tonnes per annum) liquefied natural gas (LNG) export terminal project located near Cameron, Louisiana. In September, Commonwealth announced it had signed a deal with EQT Corporation to provide 1.0 MTPA of LNG for EQT to resell (see EQT Signs Third Deal to *Buy* LNG – This One Commonwealth LNG). Commonwealth, in its press release, stated that with the EQT deal, it now has sufficient commitments (5.0 out of 9.5 MTPA) to proceed with a final investment decision (FID), which it plans to make by the end of this year. However, a Louisiana state court has just vacated (overturned) a coastal-use permit for the project in response to a lawsuit brought by the odious Sierra Club. Read More “La. State Court Tosses Building Permit for Commonwealth LNG”
Antero Resources | Energy Companies | Energy Services | Industrywide Issues | Litigation | Pipelines | Regulation | Tennessee Gas Pipeline

Antero Wins DC Circuit Case Against FERC, TGP re High Pipe Prices
October 2, 2025October 2, 2025

Here’s a court case that slipped under our radar. Antero Resources Corporation challenged the Federal Energy Regulatory Commission’s (FERC) approval of a two-tier fuel rate structure imposed by Tennessee Gas Pipeline Company (TGP) following an expansion project. Antero had contracted with TGP to secure firm transportation capacity by funding the construction of new compressor stations, which are energy-intensive and require substantial fuel to operate. The tariff approved by FERC stipulated that Antero would always be charged the highest marginal fuel rate, as if its gas were the last and most expensive to transport through the pipeline. In contrast, other shippers paid an average fuel rate, leading to Antero paying two to three times the fuel rate of other shippers on the same pipeline segment. Read More “Antero Wins DC Circuit Case Against FERC, TGP re High Pipe Prices”
Anti-Drilling/Fossil Fuel | Electrical Generation | Energy Services | Industrywide Issues | Litigation | Pipelines | Tennessee Gas Pipeline

DC Circuit Rejects Big Green Request to Block 32-Mile Pipe in TN
October 1, 2025October 1, 2025

The Tennessee Valley Authority (TVA) is the sixth-largest power supplier and the largest public utility in the country. In 2021, MDN told you that TVA is spending over $1 billion to replace six coal-fired plants with natgas-fired turbines (see TVA Investing $1B to Build New Natgas-Fired Electric Plants). In late 2022, TVA recommended moving forward with replacing one of the six — a coal-fired plant located near Cumberland City — with a natural gas combined-cycle power plant (see TVA Recommends Replacing Cumberland Coal Plant w/Natural Gas). In January 2024, the Federal Energy Regulatory Commission (FERC) issued a certificate of public convenience for Kinder Morgan’s Tennessee Gas Pipeline (TGP) subsidiary to build the Cumberland Project, a pipeline to feed the TVA’s proposed Cumberland gas-fired plant (see FERC Approves 32-Mile Cumberland Pipeline to TVA TN Power Plant). Big Green sued FERC to overturn its decision to allow the pipeline, knowing that if it could block the pipeline, it would block the power plant project, too (see Big Green Sues FERC to Block 32-Mile Pipe to TVA TN Power Plant). Read More “DC Circuit Rejects Big Green Request to Block 32-Mile Pipe in TN”
AI | Anti-Drilling/Fossil Fuel | Electrical Generation | Industrywide Issues | Litigation | Tucker County | West Virginia

Antis Challenge Gas-Fired Data Center Approval in Tucker County, WV
September 19, 2025September 19, 2025

In April, MDN told you of a proposal by Fundamental Data for the “Ridgeline Facility,” a large natural gas power plant and data center that will be built between Davis and Thomas, WV (see 1,656 MW Gas-Fired Data Center Proposed in Tucker County, WV). At the time, we informed you that the power plant and data center would cover approximately 500 acres, with the gas-fired plant producing 1,656 megawatts (MW) of power. A story in May revealed that if the site is “fully realized,” it would be “among the largest data center campuses in the world,” spanning 10,000 acres (not 500) across Tucker and Grant counties (see Antis Target Gas-Fired Data Center Proposed for Tucker County, WV). The West Virginia Department of Environmental Protection (WV-DEP) approved the project plan, including the gas-fired power plant. Big Green filed an appeal on Sept. 12. Read More “Antis Challenge Gas-Fired Data Center Approval in Tucker County, WV”
Anti-Drilling/Fossil Fuel | Energy Services | Equitrans/EQT Midstream | Industrywide Issues | Litigation | Pipelines | Summers County | West Virginia

MVP Urges Appeals Court to Revive Civil Lawsuit Against Protesters
September 18, 2025September 18, 2025

We’re happy to see Mountain Valley Pipeline (now majority-owned by EQT) continues to vigorously pursue court action against so-called protesters who illegally blocked work during construction. These “protesters” (from out-of-state, possibly paid by Big Green groups to be there) thought they would skip out on taking responsibility for their actions. But MVP continues to hold their feet to the metaphorical legal fire, as well they should. MVP filed a civil lawsuit against four protesters for contributing to significant delays and costs. They must be held to account for their actions. On Tuesday, MVP asked an appeals court in West Virginia to reinstate its dismissed (on a technicality) civil case in county circuit court. Read More “MVP Urges Appeals Court to Revive Civil Lawsuit Against Protesters”
Anti-Drilling/Fossil Fuel | Apex Energy | CNX Resources | Energy Companies | Industrywide Issues | Litigation | Pennsylvania | Regulation | Westmoreland County

Anti Group Claims Clock Ran Out for CNX to Drill 2 Penn Twp Wells
September 16, 2025September 16, 2025

In June, we reported that the Pennsylvania Environmental Hearing Board (EHB), a special court in PA that hears appeals of decisions made by the Department of Environmental Protection (DEP), had ruled in favor of CNX Resources to allow two previously permitted wells in Penn Township (Westmoreland County) to move forward with construction (see Anti-Shale Group Loses EHB Appeal to Block CNX Wells in SWPA). A local anti-shale group called Protect PT, backed with Big Green money and lawyers, appealed the decision to the state’s Commonwealth Court. CNX has also appealed the EHB decision. While the lawsuit plays out, the original DEP permits in question have expired. Protect PT claims CNX will need to reapply all over again—that the clock has run out. Read More “Anti Group Claims Clock Ran Out for CNX to Drill 2 Penn Twp Wells”
DeepRock Disposal | Energy Services | Industrywide Issues | Litigation | Ohio | Washington County (OH) | Wastewater

Marietta, OH City Council Discusses Suing to Block Injection Well
September 10, 2025September 10, 2025

Two weeks ago, Marietta, OH, officials, including the city’s Republican mayor, law director, water superintendent, and a majority of city council members, asked the Ohio Department of Natural Resources (ODNR) Oil and Gas Chief Eric Vendel to deny a permit application from DeepRock Disposal Solutions for the Stephan #1 injection well, which would be the company’s fifth injection well in the area (see Marietta, OH Officials Ask ODNR to Deny Permit for Injection Well). Last week, the ODNR rejected Marietta’s appeal and went ahead and issued a permit (see ODNR Rejects Marietta Hearing Request, Issues Injection Well Permit). Marietta is now considering filing a lawsuit to block the project. Read More “Marietta, OH City Council Discusses Suing to Block Injection Well”
Anti-Drilling/Fossil Fuel | Industrywide Issues | Litigation | Regulation

D.C. Circuit Allows EPA to Cancel $16B in Grants to Climate Grifters
September 4, 2025September 4, 2025

Earlier this year, a video circulated on social media featuring a Biden EPA political appointee talking about “tossing gold bars off the Titanic,” intentionally rushing to get billions of tax dollars out of the agency before Inauguration Day. The EPA’s new sheriff, Lee Zeldin, located $20 billion of those gold bars sitting at a Citibank bank account (see EPA Discovers Illegal $20 Billion Transfer from Biden’s Final Days). The money was intended to fund radical anti-Trump efforts related to environmental issues. Zeldin canceled the grants, froze the account, and demanded the money be returned. The green grifters sued (see Greedy Climate Grifters Squeal, Sue to Restore $20B EPA Slush Fund). The U.S. Court of Appeals for the District of Columbia (DC Circuit) has just ruled that Zeldin has the right to cancel the grants and recoup the money. Read More “D.C. Circuit Allows EPA to Cancel $16B in Grants to Climate Grifters”
Industrywide Issues | Lease & Royalty Payments | Litigation | Ohio | Statewide OH

Fresh Legal Look at Ohio Royalty Post-Production Deductions
August 27, 2025August 27, 2025

Back in April, MDN brought you news about an important decision issued in a federal court case (in Ohio) that potentially affects landowners and drillers with shale leases throughout the Marcellus/Utica (see 6th Circuit Upholds OH Landowner Claims Against Antero re Deductions). The case, The Grissoms, LLC v. Antero Resources Corporation, was decided by the United States Court of Appeals for the Sixth Circuit (6th Circuit) on April 2, 2025. The case involves a dispute between a certified class of 370 Ohio landowners and Antero. According to a law firm writing about the decision, “This case is more than just a win for those plaintiffs. It sets the stage for future mineral owners in their efforts to fight royalty deductions by clarifying a commonly used oil and gas lease provision.” Read More “Fresh Legal Look at Ohio Royalty Post-Production Deductions”
Carroll County | Encino Energy | Energy Companies | Industrywide Issues | Lease & Royalty Payments | Litigation | Ohio

OH Rights Owner Wins Case Against Encino re Post-Production Deductions
August 26, 2025August 26, 2025

Another important lawsuit involving whether or not a driller can deduct from royalty checks for post-production expenses was just decided by the Ohio Court of Appeals for the Seventh District in Carroll County. The rights owner in this case, Gateway Royalty II, sued Encino Energy (EAP Ohio) over the issue of deducting post-production expenses from the company’s overriding royalty interests. This is slightly different from the usual post-production issue for landowners/rights owners. Read More “OH Rights Owner Wins Case Against Encino re Post-Production Deductions”