Energy Companies | EQT Corp | Industrywide Issues | Litigation | Pennsylvania | Rice Energy | Statewide PA
EQT Settles 2 Class Action Lawsuits for $5.7M re Employee Issues
Two separate cases before U.S. District Judge David S. Cercone (in Pennsylvania) were settled yesterday by EQT. One of class action cases, brought against EQT, alleged the company had intentionally misclassified employees as independent contractors to avoid paying overtime. The settlement awards “more than 100” workers back wages totaling $2.8 million. The other class action case is similar, except it was filed against Rice Energy before Rice was bought out by EQT. Now that Rice is part of EQT, it is EQT paying the bills. In the Rice Energy lawsuit, some 90 workers are being paid $2.9 million for unpaid overtime. Wednesday was an expensive day for EQT.
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The CORNballs are still at it. Even though NEXUS Pipeline, a $2.6 billion, 255-mile interstate pipeline that runs from Ohio into Michigan, partially started up in October, and went fully online in November, the Coalition to Reroute NEXUS (CORN), along with the City of Oberlin, Ohio, is asking the D.C. Court of Appeals to reverse the Federal Energy Regulatory Commission’s original decision to approve the project. Yes, the CORNballs (our name for CORN) want to shut it all down–even though the pipeline is in the ground spreading economic cheer throughout the region, and even though all of the scary nightmare scenarios predicted by CORN and Oberlin with respect to building the pipeline have now been proven false. The CORNballs and Oberlin are sore losers and apparently have endless gobs of money for lawyers to file frivolous lawsuits in federal court. The same two groups tried this stunt in a different court, the Sixth Circuit, where the lawsuit was tossed out last March. They’ve gone court shopping to try it all again.
In October 2017, the radical Environmental Defense Fund (EDF) published a “report” that makes the preposterous claim that New England customers have overpaid utility bills by $3.6 billion due to collusion between the natural gas and electricity industries (see 
In June 2017, MDN reported that the Fresh Water Accountability Project (FWAP), a radical anti-fracking group based in Michigan, had filed a lawsuit against the Patriot Water Treatment facility and the City of Warren, OH, claiming the two treat frack chemicals at their respective facilities that don’t get processed enough–and consequently get released into the Mahoning River (see 
Just last week MDN told you the first domino had fallen, when a federal judge in Pennsylvania granted the PennEast Pipeline project the right to survey and construct pipeline on a property in Carbon County, PA, the last landowner holdout in PA (see 
If a deed refers to a previously reserved royalty interest where the reference identifies the type of interest created and the person to whom the interest was granted (with no other details), is that sufficiently specific enough to preserve the royalty interest under the Ohio Marketable Title Act (OMTA)? According to a decision rendered last week by the Supreme Court of Ohio, the answer is, “Yes.” In a case with its roots dating back to 1915, landowners attempted to sever royalty interests under the Ohio Dormant Mineral Act, attempting to cancel the old interest because a 1969 deed that referred back to the original deal (of one-half royalty interest) was not “specific enough.” The 1969 reference didn’t include the volume and page number of the instrument that originally created the royalty interest. In other words, it wasn’t a “Simon Says” kind of thing–it didn’t follow the exact legal standard. The current landowner tried to cancel the original royalty sharing obligation via a legal loophole.
The U.S. Fourth Circuit (i.e. Circus) Court of Appeals has bungled another decision regarding the Atlantic Coast Pipeline (ACP). Yesterday the court vacated a permit issued by the U.S. Forest Service (USFS) that allows ACP to cross beneath the Appalachian Trail and 21 miles of national forest land in Virginia and West Virginia. You think we’re kidding when we refer to the judges of the Fourth Circuit as clowns? How else do you explain the judge quoting from The Lorax, a fictional children’s book written by Dr. Seuss, as part of the decision issued yesterday. The so-called decision is straight out of Alice in Wonderland. Bizarre. What’s next? Will we be treated to Youtube clips from the Captain Planet cartoon in future decisions? This faulty decision is already being appealed by Dominion Energy. It’s pretty easy to predict the decision will get overturned on appeal–by adult, non-clown judges in the next court up.
Big Green forces who pinned their hopes of stopping the Mariner East 1 and 2 pipelines on a rogue PA Public Utility Commission (PUC) administrative law judge had those hopes dashed yesterday. In May of this year, Elizabeth Barnes, PUC administration law judge, 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 (see 
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.
