9th Circuit Temporarily Halts Global Warming Lawsuit by 21 Kids
Last Friday the supremely disappointing U.S. Supreme Court refused to stop a lawsuit brought by lawyers (ab)using a group of 21 children against the United States for not doing enough about mythical man-made global warming (see U.S. Supreme Court Allows Climate Lawsuit by 21 Kids to Proceed). Both the Obama and Trump Dept. of Justice have asked various courts to stop this lunacy. The lawsuit aims to force the end of using all fossil fuels in the United States, to address so called man-made global warming. It would plunge our country back into the Stone Age, with people living short, brutish lives, should such a thing occur. But we digress. That case survived numerous challenges and was set to go to trial Oct. 29 in U.S. District Court for the District of Oregon when it was briefly paused by the Supremes. The case, as of last Friday, was back on. But now this: The Ninth Circuit Court of Appeals has stepped in and temporarily stopped the lawsuit again–for the next 15 days.
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The U.S. Supreme Court is a Supreme Disappointment. Lawyers representing (we’d call it mentally abusing and using) a group of 21 children filed a lawsuit in 2015 that aims to force the end of using all fossil fuels in the United States, to address so called man-made global warming. That case survived numerous challenges and was set to go to trial Oct. 29 in U.S. District Court for the District of Oregon. The Trump Dept. of Justice petitioned the U.S. Supreme Court to stop the case from advancing to trial (see 
Williams’ Transco Pipeline has just won a major eminent domain court case for its Atlantic Sunrise Pipeline project that will have implications for all pipelines. Yes, Atlantic Sunrise is now in the ground and flowing natural gas (see 
A panel discussion at last week’s Shale Insight event focused on a pair of Pennsylvania lawsuits that has the potential (indeed already is) changing the drilling landscape in PA. The first lawsuit discussed was the decision from June 2017–“Pennsylvania Environmental Defense Foundation (PEDF) v. Commonwealth of Pennsylvania.” PEDF is an anti-fossil fuel group. They convinced the PA Supreme Court to issue a decision that tosses out a decades-old “balancing test” in decisions about drilling and instead said land-use and permitting decisions must now meet standards established by the state’s so-called Environmental Rights Amendment (ERA). The PEDF decision is creating big question marks for drillers and has spawned a flurry of lawsuits to define which standards to use. The second case discussed at Shale Insight was the “Briggs” case that tossed out the rule of capture in PA for shale drilling. Both cases have the potential to greatly limit Marcellus drilling in PA.
An important court case was decided on Friday in Pennsylvania Commonwealth Court that potentially impacts all shale drilling in the state. You will recall that seven selfish towns sued the state over the 2012 Act 13 law and it’s provision that would substitute a statewide, uniform and fair set of zoning ordinances for drilling in place of a patchwork, crazy quilt system of local ordinances for oil and gas drilling. Seven selfish towns (including Robinson Township) wanted their own ordinances and sued, ultimately winning at the Supreme Court (see 
American Water Management Services (AWMS) owns a wastewater injection well in Trumbull County that supposedly caused a low-level earthquake (that nobody could feel) in 2014. Two wells located at the site, both operated by AWMS, were “temporarily” shut down by the Ohio Dept. of Natural Resources following the quake (see 
The Sisters of the Corn (our name for the a group of nuns in Lancaster County, PA) are not giving up their hypocritical lawsuit against Williams for building the Atlantic Sunrise Pipeline across their property. As we told you in September, the sisters planned to ask the U.S. Supreme Court to hear the case, claiming infringement of religious freedom (see 
On Friday we told you that the Trump Dept. of Justice had petitioned the U.S. Supreme Court to temporarily stop a court case from advancing to trial next week (see 
Lawyers representing a group of 21 children filed a lawsuit in 2015 that aims to force the end using all fossil fuels in the United States, to address so called man-made global warming (see 
Mountain Valley Pipeline, a project of EQT Midstream, continues to work on constructing its 303-mile long project from West Virginia into Virginia–despite a recent court order overturning some of the permits for the project (see 
More bad news for EQT Midstream’s Mountain Valley Pipeline (MVP). Last week the U.S. Court of Appeals for the Fourth Circuit overturned a permit issued by the U.S. Army Corps of Engineers for MVP in West Virginia (see 
In the absence of a guaranteed minimum royalty in Pennsylvania–an issue which continues to divide landowners and drillers–individual landowners are left to litigate in order to get what they are fairly due. Such litigation is time consuming and expensive, and without a certain outcome, which is why most landowners don’t do it. In Washington County, PA a couple who signed a lease with Range Resources have just filed a lawsuit against Range in county court alleging Range violated the terms of the lease by deducting post-production expenses.
We’ve seen this movie before. The U.S. Court of Appeals for the Fourth Circuit (quickly becoming the Fourth Circus) has once again listened to the arguments of anti-fossil fuel groups including the Sierra Club and Chesapeake Climate Action Network and has overturned a recently re-issued permit that allows Mountain Valley Pipeline (MVP) to use certain methods to build the pipeline across streams and rivers in West Virginia. The court action pretty much shuts down all work on MVP in WV.