Murray Energy Continues to Block Gas-Fired Plants in WV
In July MDN said it’s time to reveal who is blocking new gas-fired electric plants in West Virginia (see OVJA Exposed as Front for Murray Energy Blocking Gas-Fired Plants). WV has a long, proud history as a coal producer. According to West Virginia Coal Association, some 95% of the electricity produced and used in the Mountain State comes from coal-fired plants. However, natural gas burns cleaner than coal, and frankly, natgas is now cheaper than coal. Yet WV still has not permitted or allowed a single new gas-fired plant to be constructed. Last year then-WV Sec. of Commerce Woody Thrasher observed that Ohio has built 19 new gas-fired power plants, and Pennsylvania has built 22 new gas-fired power plants, while WV has built NONE. Why not? Because of Robert Murray, CEO and founder of Murray Energy, one of the largest independent coal mine operators in the U.S. Bob Murray is using a front organization called Ohio Valley Jobs Alliance (OVJA) to file a blizzard of frivolous lawsuits that have kept all new gas-fired plant projects from being built in WV. Three such plants have been on the books, planned, for years. The first plant may begin construction this year (see WV Close to Starting Construction on First Natgas-Fired Plant). That is, it will start construction if the project sponsors can beat back yet another challenge by the Murray-backed OVJA to the issuance of an air permit. The thing that frosts us is that Murray Energy continues to deny that it is the one funding/behind OVJA…
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Earlier this week we brought you the good news that the forces of good have overcome the forces of evil–evil being the Sierra Club and the Southern Environmental Law Center (SELC) and their mission to stop the Atlantic Coast Pipeline (ACP) from getting built (see 
On again, off again, on again, off again. Mountain Valley Pipeline (MVP), EQT Midstream’s 303-mile pipeline from Wetzel County, WV to the Transco Pipeline in Pittsylvania County, has had its share of ups and downs. A myriad of lawsuits have been filed against the project. Wacky radicals took to sitting in trees and poles to try and stop it. Most of the illegal protests and lawsuits only served to slow down the project, not stop it. But then a lawsuit filed by the Sierra Club (and a few other colluding Big Green groups) yielded fruit in July when a federal court pulled permits for 3.5 miles of the pipeline where it runs through Jefferson National Forest (see 
Last Thursday a major accident occurred 25 miles northwest of Boston when natgas delivery pipelines owned by Columbia Gas (NiSource) in three communities exploded and caught fire at more than 80 locations (see 
The Ohio Supreme Court has ruled that yet another ballot measure backed by the Community Environmental Legal Defense Fund (CELDF) in Columbus, OH, a measure meant to ban fracking to send a “you’re not welcome” message to Utica drillers, is in fact illegal and will not appear on the November ballot. In July we told you about a group of anti-fossil fuel nutters, backed by CELDF, making a run at implementing an illegal frack ban in Columbus, OH (see 
Last Wednesday a single person employed by EdgeMarc Energy in Ohio filed a lawsuit against the company in federal court claiming he was “misclassified” as an independent contractor when in reality he was functioning as a full-blown employee. Why does it make a difference? Because independent contractors (1099s) are paid a straight, per-hour rate no matter how many hours they work, whereas employees must, under federal (and state) law, be paid overtime for any hours worked over 40. The worker alleges the company intentionally uses independent contractor status to wiggle out of paying overtime, and that he’s not the only one. Normally one disgruntled employee suing an employer is not newsworthy–but in this case the law firm is attempting to get the lawsuit certified as a class action, potentially covering hundreds of workers. And that IS a big deal…
We have to confess we have a lot in common, philosophically, with Libertarians. We like the philosophy of live and let live–as long as what you do (or what I do) doesn’t hurt the other person, nobody has a right to stop you (or me) from doing it. But the Libertarian philosophy does have its quirks–things we don’t agree with. Sometimes wacky. Like support for legalizing pot smoking. Can you imagine a bunch of potheads driving down our roads? We don’t care if they want to stone themselves into oblivion in the privacy of their own homes–but we do have public safety concerns. A fine line/balance between the public good and private freedom. Here’s another case of public good vs. private freedom: pipelines. We’ve always had a tough time with the use of eminent domain for pipelines. But in the end, the greater public good is served by running pipelines, and if there’s one or two landowners here and there who refuse to deal, eminent domain is regrettably, sometimes necessary. As a last resort. The Niskanen Center, a “right-leaning” Libertarian think tank, has just entered the pipeline debate by filing a “friend of the court” brief with U.S. Court of Appeals for the District of Columbia Circuit, siding with radical anti-fossil fuelers against the Mountain Valley Pipeline. The Niskanen Center is understandably concerned about landowners’ property rights being infringed. Unfortunately, they’ve allowed themselves to be used by antis, people whose political philosophy is closer to Mao Tse Tung (Communist) than it is to freedom for everyone. How could the Niskanen Center be so easily duped? We think we know. They believe in the fairy tale of man-made global warming, which appears to color their view of freedom. If they can fall for that one, they’ll fall for anything…
The U.S. District Court for the District of Massachusetts has, finally, dismissed a sham lawsuit against Eversource Energy and Avangrid Inc. Last October 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 
Yesterday Pennsylvania’s Commonwealth Court upheld a PA Dept. of Environmental Protection (DEP) fine levied on EQT for $1.1 million related to a leaky wastewater impoundment in 2012. The case dates back to 2014 when the PA Dept. of Environmental Protection (DEP) slapped EQT with a $4.53 million fine for a leaky wastewater impoundment in Tioga County, something that happened two years earlier (see 
The Sisters of the Corn (our name for the a group of nuns in Lancaster County, PA) are not giving up their wildly hypocritical lawsuit against Williams for building the Atlantic Sunrise Pipeline across their property. The good sisters are asking the U.S. Supreme Court to hear the case, claiming infringement of religious freedom. The nuns use natural gas to heat an old folks home they operate, yet are trying to block the Atlantic Sunrise Pipeline from traversing that very same property. We don’t know how they justify using natural gas yet actively try to block a pipeline that delivers it. The nuns, with the help of local anti group Lancaster Against Pipelines, stuck a garden trellis and a few wooden park benches in the middle of a corn field owned by the nuns (leased to a local farmer) directly in the path of the pipeline, declaring the site a “chapel.” Hence our attempt at humor, calling them “Sisters of the Corn.” The sisters then sued to block the pipeline based on religious grounds (see 
You win some, you lose some. Today we brought you the news that THE Delaware Riverkeeper and other radical groups lost their case opposing the Atlantic Sunrise Pipeline project (see 
As we reported yesterday, EQT Midstream’s Mountain Valley Pipeline (MVP) got some excellent news–that the Federal Energy Regulatory Commission had lifted a stop-work order on the project (see 
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 
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