Virginia AG Sues Mountain Valley Pipeline re “300 Violations”
Virginia Attorney General Mark Herring, a liberal Democrat, has filed a lawsuit against Mountain Valley Pipeline alleging the project has violated Virginia environmental regulations some 300 times. You know, things like workers throwing candy wrappers and cigarette butts on the ground. The AG filed the lawsuit “on behalf of Department of Environmental Quality Director David Paylor and the State Water Control Board.” Since when does allegedly violating certain low-level regulatory standards become a matter of concern for a state attorney general? Apparently AG Herring doesn’t have enough to do. His action smacks of political persecution, no? Someone trying to curry favor with radical leftists in order to launch his own bid for governor some day? That’s exactly what’s going on. Yet another Democrat abusing his office to feather his own political nest. Disgusting.
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Ambulance-chasing lawyers for a Minnesota-based subcontractor (United Piping Inc.) have filed a lien against some of the landowners where Mariner East 2 (ME2) crosses, claiming the landowners may have to pay them because the contractor, Welded Construction, can’t. The lawyers are using a little-known law in Pennsylvania that dates to 1901 to make their claim. This is seriously screwed up. You may recall we previously told you that Williams, disputing work Welded Construction had done for them in building the Atlantic Sunrise Pipeline, refused to pay $23.5 million, causing Welded to declare bankruptcy (see
One of the ways anti-fossil fuel groups have tried to stop the Mariner East 2 Pipeline project is by tying it up in court. Various lawsuits have been filed going back years. One litigant, a Big Green group headquartered in Philadelphia, the so-called Clean Air Council, has tried repeatedly to get the courts to deny ME2 the right to use eminent domain in cases where landowners refuse to cooperate (see 
How much “diligence” is required when trying to locate the heirs of mineral rights owners in Ohio, as stipulated by the Ohio Dormant Minerals Rights Act (DMA)? That issue was addressed, once again, last week–this time by Ohio’s 7th District Court of Appeals. The DMA requires a surface owner to exercise “reasonable due diligence” to ascertain the names and addresses of mineral holders and their heirs prior to serving notice of abandonment by publication. The question is, what is “reasonable due diligence”? Is there a common standard? The 7th District decided there is no common standard, and what’s reasonable in one case may not be reasonable in another. In other words, it all depends–and is unique in each case.
In May of this year, Elizabeth Barnes, an administration law judge for the Pennsylvania Public Utility Commission (PUC), unilaterally ordered Sunoco Logistics Partners to “cease and desist all current operation, construction, including drilling activities on the Mariner East 1, 2 and Mariner East 2X pipeline” in West Whiteland Township in Chester County, PA (
Two weeks ago MDN told you about a class action lawsuit that’s been brewing in West Virginia since 2013, brought by 10,000 WV landowners and royalty rights owners against EQT over the company’s practice of deducting post-production expenses from royalty payments (see
In early October MDN reported that the U.S. Court of Appeals for the Fourth Circuit had “vacated” (canceled, overturned) a permit issued by the U.S. Army Corps of Engineers in West Virginia that would allow Mountain Valley Pipeline (MVP) to use a more environmentally friendly form of crossing four rivers in the state than is technically allowed under federal Clean Water Act regulations (see
In August, the Pennsylvania Commonwealth Court handed PA drillers a partial victory in their quest to block onerous new drilling regulations, part of something called Chapter 78a (see
This is big news that will impact nearly every landowner and shale driller in Pennsylvania. In April, MDN brought you the news that Pennsylvania Superior Court had handed down a decision (known as the “Briggs” case) that has the power to greatly restrict, perhaps even stop, Marcellus drilling in PA (see
Another bump in the road for National Fuel Gas Company and their Northern Access Expansion pipeline project. Not a major hurdle. Not an apocalypse. Not the end of the line. A bump. The Appellate Division of New York State Supreme Court (in NY, Supreme Court is a low court, one step up from county court), overturned the decision of the lower Supreme Court granting NFG the power of eminent domain to build Northern Access, a project not scheduled to get built until 2022. The attorney who won the case against NFG proclaimed without eminent domain, “The pipeline is dead.” We say he’s dead wrong.