Litigation

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    Fayette County, WV Loses Court Case to Block MVP Compressor Stn

    Sometimes counties (and local towns) try to seize power that’s not theirs constitutionally. Particularly when they’re led by liberal Democrats who like to arbitrarily make up their own oil and gas regulations. Such is the case in Fayette County, WV. Most oil and gas regulation is done at the state level–it is a state function. Unless it’s a pipeline that crosses several states. Those projects are regulated at the federal level, to protect citizens in neighboring states from arbitrary and capricious actions (like those New York is engaged in). Counties don’t get to decide whether or not to allow an injection well, or a pipeline. Yet the lib Dems in Fayette believe they can make those decisions. And now, for the second time in two years, a federal court has slapped them down. Two time losers. In August 2017, Fayette County lost a federal court case to block injection wells in the county (see Fayette County, WV Loses Appeal to Block Injection Well). On Wednesday, the three lib Dem commissioners of Fayette lost a second court case–this one an attempt to block a Mountain Valley Pipeline compressor station. Both lawsuits, last year and this year, were aimed at stopping EQT projects…
    Read More “Fayette County, WV Loses Court Case to Block MVP Compressor Stn”

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    PA Supreme Court Victory for ME2 Pipeline re Two Zoning Cases

    Two different townships in the Philadelphia area, amped-up by and using money from Big Green groups like THE Delaware Riverkeeper (aka Maya van Rossum), tried to stop Sunoco Logistics Partners’ Mariner East 2 (ME2) pipeline project by claiming it violated local zoning ordinances. The construction of ME2 is governed by the PA state Public Utility Commission and the state Dept. of Environmental Protection. It is not a federal (i.e. FERC) project. Because it is a state-oversight project, the issue of primacy (whose rules and regulations govern) resides at the state level and not at the local level. Two local townships–one in Chester County the other in Delware County–argued in separate cases before PA Commonwealth Court that local zoning regulations for siting the pipeline should still apply. Commonwealth Court, in a pair of decisions earlier this year, ruled against that view (see PA Town Loses Appeal to Block ME2 Pipe with Local Zoning Ordinance and PA Appeals Court Rules ME2 Pipe NOT Under Local Zoning). Using Big Green money, both towns appealed their cases to the PA Supreme Court. On Tuesday, the Supremes declined to hear either case, meaning the Commonwealth Court ruling stands and this issue is now, finally, done. Antis’ attempts to stop the ME2 project by using local zoning ordinances is a closed door…
    Read More “PA Supreme Court Victory for ME2 Pipeline re Two Zoning Cases”

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    NJ Rate Counsel Asks Fed Court to Overturn PennEast Pipe Approval

    Using taxpayer’s money, the New Jersey Division of Rate Counsel, an “independent” state agency that supposedly represents the interests of consumers of electric, natural gas, water/sewer, telecommunications, cable TV service, and insurance (residential, small business, commercial and industrial customers), has sued the Federal Energy Regulatory Commission (FERC) in federal court asking the court to overturn FERC’s approval of the PennEast Pipeline, a $1 billion, 120-mile natgas pipeline that will stretch from northeast PA to the Trenton, NJ area. Most of PennEast is located in PA, but the pipeline terminates and flows gas into NJ. The Rate Counsel appears to be a rogue agency using taxpayer’s money to try and defeat a project that will benefit those very taxpayers. NJ residents pay some of the highest taxes in the country. Now we know why…
    Read More “NJ Rate Counsel Asks Fed Court to Overturn PennEast Pipe Approval”

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    Partial Victory for PA Drillers re DEP Chapter 78a Drilling Regs

    The Pennsylvania Commonwealth Court has handed PA drillers a partial victory in their quest to block onerous new drilling regulations, part of something called Chapter 78a. In October 2016, after five years in the making, PA adopted new shale drilling regulations (see PA’s New Chapter 78a Drilling Regs Go into Effect Oct 8). Although the regs were ready at the end of the Gov. Tom Corbett Administration, Corbett fumbled the ball and the regs didn’t get adopted, which left them vulnerable to the incoming left-leaning Tom Wolf Administration. Wolf’s people mangled the regulations under the Dept. of Environmental Protection (DEP) Dictator/Secretary John Quigley, who got fired over unethical collusion with Big Green groups. Some of the good stuff remained, but onerous new elements were introduced. The Marcellus Shale Coalition (MSC), which represents PA’s biggest shale drillers, filed an appeal in Commonwealth Court to block the most onerous aspects of the new regulations (see Marc. Shale Coalition Files Lawsuit to Block PA Chapter 78a Regs). In December 2016, the DEP escalated the case by asking the PA Supreme Court to undo the block on those regulations imposed by the lower Commonwealth Court. Last October the Supremes heard oral arguments in the case, and in June of this year the Supremes ruled to not undo the block on DEP’s onerous regs–but instead bumped the case back down to Commonwealth Court to let the matter play out there (see PA Supreme Court Upholds Block on DEP Chapter 78a Drilling Regs). Last week Commonwealth Court struck down provisions in Chapter 78a (f) and (g) defining “common areas of a school’s property and playgrounds,” and “species of special concern” as public resources under Act 13. While we didn’t get 100% of what we wanted, we got maybe 95%–at least for the two provisions in sections (f) and (g). Other parts of the lawsuit are still under consideration by Commonwealth Court. Here’s the deets on this important victory for Marcellus drillers…
    Read More “Partial Victory for PA Drillers re DEP Chapter 78a Drilling Regs”

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    Sierra Club Forces Thousands of Pipeline Workers Out of Work

    It dawned on us, reading yet another story about how EQT/Mountain Valley Pipeline (MVP) has laid off around half of the MVP workforce, perhaps up to 3,000 people (see FERC Lets MVP Restart Work on 25% of Pipe; MVP Lays off ‘Thousands’), that the headlines/stories have it wrong. We need to view this situation more accurately–for what it is. The Sierra Club and a few other radical Big Green groups who brought the lawsuit against MVP are the ones who bear responsibility for putting ~3,000 pipeline workers out of work. And that’s just for one project! Dads have been forced into the unemployment line. Workers’ children go to bed hungry at night. There is a rise in hopelessness. The Sierra Club is responsible for DESTROYING JOBS. Ever notice that the Sierra Club never actually creates any jobs (except for a handful of high-priced lawyers)? They are a jobs-destroying organization and it’s time for Americans to wake up and understand what’s really going on. Wake up and understand the damage being caused by the Sierra Club–to families, to companies, to entire communities…
    Read More “Sierra Club Forces Thousands of Pipeline Workers Out of Work”

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    Waters of US Ruling – Glass Half Full?

    Last week MDN told you about a George H.W. Bush district court judge in South Carolina who reversed EPA Administrator Scott Pruitt’s order ending the tragedy of Obama’s Waters of the United States (WOTUS) rule (see Fed Judge Revives Obama Waters of US Tragedy in 26 States). WOTUS is important, because when you redefine everything down to a mud puddle (we’re not joking) as a “body of water” under the authority of the Clean Water Act, you effectively put all oil and gas drilling (and agriculture activities) under the thumb of the federal government. We were bummed about the judge’s decision. But we were focusing on the 26 states, including New York, Pennsylvania and Ohio, that are now subject to WOTUS overreach. But what if we look at the glass as half-full instead of half-empty? Somehow, due to the vagaries of law, the other 24 states (or 33 states if you are Barack Obama, who once infamously said there are 57 states), are not under the Obama WOTUS rule. In other words, the glass is half-full–in particular for West Virginia which is not under WOTUS. The legal beagles at the Davis Wright Tremaine law firm flip the news around and look at the glass-half-full aspect of WOTUS…
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    4th Circuit Rejects Sierra Club Request to Block Atlantic Coast Pipe

    In something of a twist, the Fourth Circuit Court of Appeals elected NOT to officially shut down all construction of the 600+ mile Atlantic Coast Pipeline (ACP) project. You may recall the Sierra Club and several other anti-American Big Green groups convinced the Fourth Circuit to overturn permits granted by the U.S. Fish and Wildlife Service (FWS) and the U.S. National Park Service (NPS) granted to ACP to cross the Blue Ridge Parkway (see Federal Court Stops Works on Some (All?) of Atlantic Coast Pipe). The rolled-back permits affect some 100 miles of work. Shortly after the Fourth Circuit decision, the Federal Energy Regulatory Commission (FERC) told Atlantic Coast to shut down all construction everywhere (see FERC Shuts Down ALL Work on Atlantic Coast Pipeline). FERC’s shut-down is expected to be temporary. Meanwhile, back at the litigation ranch, the Big Green groups asked the Fourth Circuit to shut down all construction on ACP until the lawsuit plays out–over a period of years. It was to that request the court said no…
    Read More “4th Circuit Rejects Sierra Club Request to Block Atlantic Coast Pipe”

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    Questerre Energy to Challenge Quebec’s Utica Frack Ban in Court

    The Utica Shale, which underlies much of the Marcellus Shale, also underlies part of Canada’s Quebec province. From time to time we highlight news concerning the Utica in Canada. There hasn’t been much news to highlight over the years since Quebec has had a moratorium on fracking since 2012. But as we reported in December 2016, something of a minor miracle happened–the Quebec National Assembly voted to pass Bill 106, ostensibly to support Quebec’s “clean power plan” (see Fracking in Canadian Utica Shale Takes Big Step Closer to Reality). The bill includes a section that “lays out a framework for oil and gas development” in Quebec. Then in September 2017, Quebec did the unthinkable (for radical environmentalists)–they published draft Utica drilling regulations (see Quebec Government Publishes Draft Utica Fracking Regulations). Canadian driller Questerre believes Utica drilling can begin this year (see Questerre Plans 8 Initial Well Pads in Canadian Utica 2018-2019). News of new Utica regs caused antis in Canada to go berserk. The pressure got to be too much and the politicians decided in June of this year that they will commit fracking suicide instead (see Quebec to Ban Utica Shale Drilling, Most Other Drilling Too). Questerre isn’t taking it lying down. They have considerable acreage in the Quebec’s Utica. Questerre issued a press release this morning to celebrate Bill 106 (passed in 2016) finally going into effect–and to say as for the frack ban, Questerre will sue the government as soon as it’s implemented, to try and get it overturned…
    Read More “Questerre Energy to Challenge Quebec’s Utica Frack Ban in Court”

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    FERC Lets MVP Restart Work on 25% of Pipe; MVP Lays off ‘Thousands’

    The Federal Energy Regulatory Commission (FERC) has had a change of heart–sort of–with respect to their stop-work order issued to Mountain Valley Pipeline (MVP). We previously told you that on August 3, FERC told MVP to stop all construction prompted by an order from the U.S. Court of Appeals for the Fourth Circuit vacating permits issued for the project as it crosses 3.5 miles of Jefferson National Forest in West Virginia and Virginia (see FERC Shuts Down ALL Work on Mountain Valley Pipeline in WV, VA). In a letter to FERC this past Tuesday, MVP asked FERC to reconsider and allow them to restart construction for at least part of the pipeline. FERC agreed and partially lifted the stop-work order a day later, on Wednesday. The new order allows MVP to work on the project for 77 of its 303 miles–about 25%. However, in a sad announcement, MVP said because so much of the project remains (for now) idled, it is laying off 50% of the workers who had been working on it. It’s estimated that around 6,000 people are employed directly or indirectly on the project, which means “thousands” (perhaps as many as 3,000 people) are now out of work–thanks to the Sierra Club and their lawsuit. Hey, how many jobs has the Sierra Club created? What’s that? NONE?! And how many jobs has the Sierra Club destroyed? We’d estimate it to be in the tens of thousands. MVP also announced that due to the ongoing work stoppage and delays, the project completion and in-service date has now slipped to the end of next year–an additional nine months. It’s a sad day indeed…
    Read More “FERC Lets MVP Restart Work on 25% of Pipe; MVP Lays off ‘Thousands’”

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    Caithness Energy Sues PSEG for Blocking Long Island Gas-Fired Plant

    Caithness Energy, a privately held company that specializes in buying or building (and operating) renewable energy and natural gas-fired power plants, owns a 350 megawatt natgas-fired power plant in Yaphank, NY–on Long Island. For more than four years Caithness has had a plan to build a second natgas-fired plant next to their first plant. The original plan was for a 750 MW plant, later scaled back to 600 MW. Local leaders in Brookhaven Town in which the existing and proposed power plant projects sit have been against the plan for a new power plant, passing restrictions in 2015 that tied the hands of Caithness, making the project impossible to build. But in July, the board reversed course and voted to repeal the 2015 restriction that limits the type of equipment Caithness can use in building the plant, clearing the way for the project (see Long Island Town Votes to Allow New Gas-Fired Elec Plant). However, the path is still not cleared. Newark, NJ-based PSEG (Public Service Enterprise Group), which provides electricity to Long Island, told the Long Island Power Authority (LIPA) that the Caithness plant is not needed. It’s a case of one competitor unfairly trying to block another–according to Caithness, which has just filed a lawsuit against PSEG saying it has suffered “hundreds of millions of dollars of harm” because of PSEG’s actions to block the project. Looks like this one is going to get NY nasty…
    Read More “Caithness Energy Sues PSEG for Blocking Long Island Gas-Fired Plant”

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    Fed Judge Revives Obama Waters of US Tragedy in 26 States

    U.S. District Judge David Norton

    Just when you thought we were making progress in reversing some of the cancerous regulations imposed by Lord Obama, up pops a swamp-dwelling judge (appointed by George H.W. Bush, George the 1st) to reinstate the idiotic “Waters of the United States” (WOTUS) regulation in 26 states. In May 2015, Obama’s radical Environmental Protection Agency (EPA) along with the Obama U.S. Army Corps of Engineers (USACE) released a finalized rule clarifying what WOTUS means vis a vis what can be regulated under the federal Clean Water Act (see EPA Power Grab: Redefines Waters of the U.S. to Include Everything). Essentially the rule change redefined everything down to mud puddles (and no, we’re not exaggerating) as being subject to the federal Clean Water Act. It was yet another attempt to bring oil and gas regulation under the purview of the federal government, a violation of the U.S. Constitution. We won’t recount the history of lawsuits and counter lawsuits that ensued. We’ll only tell you that in January the U.S. Supreme Court entered the fray by determining which courts can hear lawsuits regarding WOTUS (see U.S. Supreme Court Changes Jurisdiction for WOTUS Challenges). In February, then-EPA Administrator Scott Pruitt (we’re sorry he’s now gone) suspended the existing WOTUS until two years from now when a new WOTUS will be ready (see EPA Director Scott Pruitt Suspends Obama WOTUS Rule). The swamp-dwelling, Bushie U.S. District Judge David Norton threw that out and reinstated WOTUS. It’s OK for Obama and his droids to take the law into their own hands, but when another administration comes in and wants to wash away the stain of overregulation, that’s not OK. We call that protecting the swamp…
    Read More “Fed Judge Revives Obama Waters of US Tragedy in 26 States”

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    NY Judge Overrules DEC, Allows Gas-Fired Plant to Start Up

    A new hope has emerged for Competitive Power Ventures (CPV) Valley Energy Center, a $900 million, 680-megawatt natural gas-fired electric generating plant in Orange County, NY. Last week MDN told you that at the last minute, four days before the plant was set to start up, the Andrew Cuomo-corrupted Dept. of Environmental Conservation (DEC) pulled the ultimate dirty trick and refused to renew an air permit for the plant they previously issued five years earlier (see Cuomo Strikes Again: Blocks Completed Gas-Fired Plant from Starting). The DEC now says the plant will need a different (federal) air permit before it can start up, effectively blocking it. As we told you in a followup article, the DEC’s dirty trick left CPV with three options (see 3 Options for Blocked NY Marcellus-Fired Electric Plant). Option #2 in our list was to ask a judge to overturn the DEC’s decision (our preferred option). CPV exercised that option and yesterday the judge agreed and shut down DEC’s ability to stop the plant from starting up, which will now happen this week or early next week. Great news! However, the judge’s order is temporary, while a larger lawsuit works its way through the court system. In the meantime, CPV will start the plant, a victory for the good guys. The best part? PA Marcellus fracked gas will feed it…
    Read More “NY Judge Overrules DEC, Allows Gas-Fired Plant to Start Up”

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    WV Supreme Court Crisis – House Votes to Impeach Sitting Judges

    What in the world is going on in West Virginia? Last Friday in our “best of the rest” list of energy stories, we ran a brief piece about a WV House panel voting to impeach the remaining four (of five) sitting WV Supreme Court justices, claiming the justices had abused taxpayer funds (see Energy Stories of Interest: Fri, Aug 10, 2018). We didn’t think much of it at the time, partially because it was a CNN story–a known source of fake news. Yet the news, in this case, was not fake. On Monday the full WV House voted to impeach all of the sitting justices. One them (a Democrat) promptly resigned her position so that Gov. Jim Justice could not replace her with his own pick. Instead, her office will go on the ballot this November. The Wall Street Journal ran an article yesterday outlining in more detail what the alleged charges are (bordering on embezzlement), and speculating on what happens now. We’re interested in this story because earlier this year it was this group of justices that reversed itself in a highly unusual practice to allow EQT to deduct post-production expenses from flat rate leases (see WV Supreme Court Reverses Itself, Post-Production Deductions OK). That sparked a rebellion in the WV legislature which led to a new law reversing the Supreme Court’s ruling (see WV Gov Justice Signs Bill to Guarantee 12.5% Minimum Royalty). There are other oil and gas cases that may be impacted by a wholesale change in the court as well. Here’s the latest on this developing situation in WV…
    Read More “WV Supreme Court Crisis – House Votes to Impeach Sitting Judges”

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    Antis Still Can’t Come to Terms They Lost NY AIM Pipe Case

    Big Green antis thought they could stop the Algonquin Incremental Market (AIM) pipeline project–an expansion of the existing Algonquin pipeline system designed to carry 342 million cubic feet of natural gas per day to New England states that badly need the gas. On March 3, 2015 the Federal Energy Regulatory Commission (FERC) issued a final approval for the project. Construction began in 2015 and, following extreme opposition from New York State over a small portion of the project near the Indian Point nuclear plant (which will shut down in a few years anyway), AIM finally went online in late 2016. In what has become a typical pattern, Big Green groups asked FERC to rehear their decision to approve AIM, FERC refused, and Big Green then filed a lawsuit in federal court. But two weeks ago the federal court told the antis “no,” crushing their efforts to roll back the expanded pipeline (see DC Circuit Court Denies Anti Request to Rehear AIM Pipe Approval). That should be the end of the matter. There’s no place left to go, court-wise, except maybe (one in a million odds) to the U.S. Supreme Court. Yet the antis, still disbelieving they’ve lost, are threatening to pursue it legally. Some unstable people just can’t let go…
    Read More “Antis Still Can’t Come to Terms They Lost NY AIM Pipe Case”

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    100+ PA Landowners Sue EQT re Gas Storage Field Payments

    According to Washington County, PA landowner Joe Raposky, EQT has been storing natural gas under his property in Finleyville without permission and without compensation since at least 2007. Last year Raposky asked EQT to compensate him and they refused. So Mr. Raposky has organized over 100 of his neighbors along with landowners who sit over top of other similar underground storage fields in the region, and on July 30 they filed a lawsuit against EQT. PA has some 60 gas storage fields spread across 26 counties in the state. The fields are used to temporarily store and then retrieve natural gas. Storage, which is not something we write about very much, is in fact a big deal when it comes to the natural gas market. Not all gas is used as soon as its extracted and sold along a pipeline. There are two main “seasons” in the natural gas industry–injection season, from April 1 through October 31, when a surplus is stored underground, and withdrawal season, from November 1 through March 31, when more gas is used than is produced. Storage fields like the one in Finleyville are an important part of the natgas puzzle. In some cases, landowners are only now becoming aware of the existing fields under their feet and they (rightly) want to be compensated for the use of their property. Is storage the next big bone of contention between landowners and drillers?…
    Read More “100+ PA Landowners Sue EQT re Gas Storage Field Payments”

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    Chesapeake Settles NEPA Royalty Lawsuit for Pennies on the Dollar

    Chesapeake Energy has, according to the Pittsburgh Post-Gazette, “reached a $7.75 million settlement agreement with about two-thirds of its Pennsylvania natural gas royalty owners.” At the end of last year Chesapeake Energy offered a $30 million deal to Pennsylvania landowners to settle claims the company had screwed them out of royalty money by artificially inflating post-production costs in an elaborate scheme to pocket more money at landowners’ expense (see Chesapeake Agrees to $30M Royalty Settlement for PA Landowners). Chesapeake’s proposed deal last year would have given the average PA leaseholder (some 14,000 of them) a one-time $2,140 payment–adjusted up or down for the size of their acreage. This new deal, for 10,000 of the same leaseholders, offers $7.75 million–an average of $775 per landowner. Which is piddly. It’s nothing. An insult. Last year Chesapeake’s deal with leaseholders required the state Attorney General’s office, which has an ongoing, separate lawsuit filed against Chesapeake over the same issue, to settle as well. The AG’s office refused (see PA AG Not Backing Down re Chesapeake Energy Royalty Lawsuit). In fact, the AG’s office is still refusing to settle, with this new deal. Yet now Chesapeake is willing to move forward without the AG as part of the settlement. Heck yeah! Convince these desperate folks to take, literally, pennies on the dollar. What company wouldn’t go for that deal? Any way you slice this, northeast PA landowners are getting screwed if they agree to Chesapeake’s deal. They get a maximum of 8% back of the inflated “costs” Chesapeake originally deducted from royalty checks. We suppose some will say 8% now is better than maybe nothing or very little years from now. We don’t see it. We see these good landowners getting shafted in this deal…
    Read More “Chesapeake Settles NEPA Royalty Lawsuit for Pennies on the Dollar”