Litigation

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    Top NJ Officials Continue Attacks Against PennEast Pipeline

    New Jersey’s Attorney General, Gurbir Grewal (Democrat), and New Jersey Senator Corey Booker (also a Democrat) continue a coordinated attack on the PennEast Pipeline in an effort to appease their radical/left base of supporters. PennEast is a $1 billion, 120-mile, 36-inch pipeline from Dallas (Luzerne County), PA to Pennington (Mercer County), NJ. The Federal Energy Regulatory Commission (FERC) granted final approval for the project in January (see FERC Grants Final Approval for PennEast Pipe – Real Battle Begins). Since that time the NJ Sierra Club along with other so-called environmental organizations have coordinated legal and regulatory attacks against the project, enlisting willing accomplices Grewal and Booker. In March Grewal asked the U.S. District Court in NJ to overturn PennEast’s federally-delegated right to use eminent domain to take state-owned AND private-owned property in the path of the pipeline. In early April, Sen. Booker asked FERC to reconsider its approval of the project. And earlier this week, the NJ Dept. of Environmental Protection and Delaware and Raritan Canal Commission, represented by Grewal, asked the D.C. Circuit Court of Appeals to review FERC’s January approval of the project. NJ has all guns out and shooting in an attempt to assassinate PennEast…
    Read More “Top NJ Officials Continue Attacks Against PennEast Pipeline”

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    U.S. Fourth Circuit Court Vacates Key Permit for Atlantic Coast Pipe

    Disgusting and frustrating. That’s our reaction to a decision by the U.S. Fourth Circuit Court of Appeals that invalidates (vacates) a permit issued by the U.S. Fish and Wildlife Service that allows Dominion Energy’s Atlantic Coast Pipeline (ACP) to accidentally kill a few bats and bumble bees (classified as endangered) as it builds the massive $6.5 billion, 600-mile project from West Virginia to North Carolina. The Sierra Club, Defenders of Wildlife and Virginia Wilderness Committee (all radical left organizations) previously sued in federal court asking the court to stop work on ACP until the Federal Energy Regulatory Commission makes a decision on whether or not to “rehear” their decision to approve the project in the first place. In March, the court declined to stop work on ACP (see Fed Court Dismisses Anti Lawsuit to Stop Atlantic Coast Pipeline). However, as part of the effort to stop ACP, Sierra Club, et al also asked the court to invalidate a key permit by the U.S. Fish and Wildlife Service, which the court did do on Tuesday. Sierra Club is now demanding that the court revisit its decision about whether to stop all work on the pipeline. In the meantime, work does continue. Dominion says while it’s disappointed in the decision and will have to get a new, more specific permit from Fish and Wildlife, in the meantime they’ll continue construction in those (many) places not under the now-invalid permit. That is, most construction will continue. This does not really hamper the project. Not yet anyway. As long as the Fourth Circuit doesn’t shut it all down…
    Read More “U.S. Fourth Circuit Court Vacates Key Permit for Atlantic Coast Pipe”

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    Fed Court Forces FERC to Decide on MVP Rehearing, No More Delays

    It was a big week for Sierra Clubbers. The radical environmental organization (that irrationally hates all fossil fuels, even fossil fuels they used to love, like natural gas) previously filed a lawsuit in the U.S. District Court of Appeals for D.C. asking the court to consider whether or not the Federal Energy Regulatory Commission (FERC) should have issued an approval for Mountain Valley Pipeline (MVP). MVP is a $3.5 billion, 301-mile pipeline that will run from Wetzel County, WV to the Transco Pipeline in Pittsylvania County, VA–to move Marcellus/Utica gas south. No, the court did not rule FERC was out of order in its decision. Not yet, anyway. This gets in the weeds just a bit, so bear with us. The first step in the process of challenging a pipeline is to ask FERC to rehear their decision. If FERC refuses to rehear (reconsider) the decision, then whoever asked for the rehearing is free to file a lawsuit in the court system to challenge FERC’s decision to approve a project. FERC has 30 days to make a rehearing decision–unless they pull out the “tolling order” card and play it. A tolling order allows FERC more time to decide on rehearing–months, even a year. FERC played the tolling order card here and told the court, “We haven’t decided on rehearing yet, so you need to toss out the radical Sierra Club lawsuit challenging our decision to approve MVP” (MDN condensed version). This week the court said a very loud “NO” to FERC’s request. The court further told FERC to get off its duff and make the rehearing decision within 30 days. In the meantime, the Sierra Club of course wants MVP construction “paused indefinitely” while they continue to tie it up in legal knots. Don’t look for that to happen…
    Read More “Fed Court Forces FERC to Decide on MVP Rehearing, No More Delays”

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    PA Green Group Uses Kids to Sue Feds for “Indifference to Science”

    In August 2015, MDN told you about a lawsuit brought by a group of left coast radicalized children who want to force the federal government to become communist and “force action” on mythical climate change (see Group of Kids Sues U.S. Govt to Force Action on “Climate Change”). There have been a number of legal twists and turns since that time, but the bottom line is the U.S. Court of Appeals for the Ninth Circuit (in California), often called the “Ninth Circus” because of the clowns who pass for judges who sit on the bench, in March ruled the lawsuit can proceed (see 9th Circus Allows Climate Lawsuit by Radicalized Kids to Proceed). What we didn’t know/realize is that Pennsylvania has its own version of the same lawsuit playing out. The Philadelphia-based Clean Air Council (radical enviro group) glommed onto two children to perpetrate the same kind of fraudulent lawsuit in federal court in the Keystone State. In November 2017, CAC and the two kids they’ve tricked sued Donald Trump (President), Scott Pruitt (EPA), Rick Perry (Dept. of Energy) and Ryan Zinke (Dept. of Interior) claiming their collective actions in “rolling back” environmental protections (put in place by Lord Obama) shows “reckless indifference to science” and should not be allowed. No, this is not the script for a sitcom. This is real. On May 3, the defendants (the federal government) filed a motion to dismiss this nonsensical lawsuit. On May 11, the CAC and radicalized kids responded asking the court to not dismiss…
    Read More “PA Green Group Uses Kids to Sue Feds for “Indifference to Science””

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    San Francisco Play Exposes $18B Environmental Fraud

    A shocking and at times farcical tale of how an environmental lawsuit turned into the world’s biggest fraud is revealed in a new play. The world premiere of “The $18-Billion Prize,” based on the true story of rainforest natives and their New York lawyer “fighting for justice” against one of the world’s biggest oil companies, opens May 19 at San Francisco’s Phoenix Theatre. Performances continue through June 3. Written, or perhaps a better word is assembled, by Phelim McAleer and Jonathan Leaf, the play uses exact words from transcripts of court documents. In 1993, Steven Donziger, a Harvard-educated American lawyer, represented indigenous groups from Ecuador’s rainforest in a class action lawsuit against Chevron–a shakedown. The case received an enormous amount of media attention, including major coverage by Vanity Fair, Rolling Stone and 60 Minutes to name a few, and it drew the support of international celebrities. Chevron, to their credit, fought back. An American court found evidence of fraud and ordered Donziger to hand over his files and diaries, which exposed a massive bribery and corruption scheme. The play will make you laugh, and cry, and make you angry that such a long-running fraud could be perpetrated here in the United States…
    Read More “San Francisco Play Exposes $18B Environmental Fraud”

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    Dela. Riverkeeper Suffers Major Defeat in Martian Well Case

    Nearly a year ago MDN reported that Big Green group THE Delaware Riverkeeper (aka Maya van Rossum) and the odious Philadelphia-based Clean Air Council (CAC) had suffered a crushing legal defeat in their attempt to interfere with shale drilling on the opposite side of the state from where the Delaware River and Philly is located (see Dela. Riverkeeper Loses Martian Case to Stop Rex Energy Drilling). A small group of anti-drilling parents from the Mars School District (whom we affectionately call “Martians”) in Butler County, PA, backed by money and legal help from Riverkeeper and CAC, filed frivolous lawsuit after frivolous lawsuit aimed at denying landowners in Middlesex Township revenue from legally permitted drilling. Even amid the back and forth lawsuits, at least two of the wells were permitted and drilled by Rex Energy, despite the bleatings of the Martians (see Martian Victory! 2 Wells Near Mars School Nearly Done Drilling). Following last year’s final word by PA Commonwealth Court, we thought that was the end of it. However, Riverkeeper and CAC tried one last, desperate attempt–by filing an appeal with the Environmental Hearing Board. The EHB is a special court set up to hear appeals of decisions made by the Dept. of Environmental Protection (DEP). Riverkeeper and CAC argued that the DEP abrogated their responsibilities under the PA Environmental Rights Amendment (ERA) to protect PA’s environment by issuing permits for Rex’s Martian wells. Last Friday the EHB ruled that DEP was well within its rights and did not, in fact, violate the ERA by allowing the Rex wells…
    Read More “Dela. Riverkeeper Suffers Major Defeat in Martian Well Case”

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    EQT Continues to Fight PA DEP Fine re Wastewater Impoundment

    On Wednesday, Pennsylvania Commonwealth Court (an appeals court) heard oral arguments over how to prove whether contaminants in the soil have moved into groundwater. 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 (see PA DEP Levies Biggest Fine Ever, $4.5M Against EQT). EQT did not say there wasn’t a problem with leaks at the site, but they did say the way the DEP calculated the fine was unreasonable and arbitrary. EQT appealed the fine and the case all the way to the PA Supreme Court, and in early April the Supremes ruled in favor of EQT, saying that the DEP’s levied fine was excessive and that the DEP misinterpreted language in the 1937 Clean Streams Law (see PA Supreme Court Axes DEP $4.5M Fine in EQT Tioga Wastewater Leak). We thought (mistakenly) that was the end of the case. But it’s not. The Supremes ruled on “water to water” contamination in the case, but not on ground to water contamination. PA law allows for companies to be on the hook for each day a contaminant enters the water table. What lawyers argued this week was whether or not, and how, the DEP can prove contaminants in the ground, there because of EQT’s leak, can be proven to have leached into the water on any given day. DEP is calculating a revised $1.1 million fine based on assumptions about how many days the contaminants leaked out of the ground. EQT is forcing DEP to use more than just spitball estimates in calculating the fine…
    Read More “EQT Continues to Fight PA DEP Fine re Wastewater Impoundment”

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    Antis Ask Court to Overrule State, Feds and Stop Mountain Valley Pipe

    Apparently the more bizarre your actions, the more likely you are to become a minor celebrity. That’s what’s happening for Grandma Red, Theresa “Red” Terry, who took the bizarre action of climbing a tree on her property and living in the top of it for a month–all in an attempt to stop the tree from being cut to make way for the Mountain Valley Pipeline (MVP). In the end Grandma Red came down when a judge told her she would begin paying $1,000/day for her bizarre behavior. Now that she’s back on terra firma, Grandma Red is meeting with state officials and attending radical Big Green rallies, showered with praise for her “courageous” action. What’s next? The Tonight Show and The Late Show? Meanwhile, in a well-timed and coordinated attack, Big Green lawyers are asking the 4th U.S. Circuit Court of Appeals to overturn the decisions of state and federal agencies to allow MVP, simply because Big Green doesn’t like the decisions. Big Green argued the court should overturn a decision by the Virginia State Water Control Board to allow MVP to build, crossing streams, and to overturn a decision by the U.S. Forest Service to allow MVP to build pipeline through a tiny sliver of Jefferson National Forest. Twenty years ago these lawsuits would have been laughed out of court because the country followed the rule of law. Today, with courts packed with Obamadroids, you just don’t know…
    Read More “Antis Ask Court to Overrule State, Feds and Stop Mountain Valley Pipe”

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    Insider Reveals What’s Really Going On in NY Constitution Pipe Case

    One of the lawyers who filed a petition with the U.S. Supreme Court requesting the Supremes hear the Constitution Pipeline case has written a column that rips the mask off New York Gov. Andrew Cuomo and exposes him for the corrupt autocrat he is. The column is long and uses a number of legal references and arguments, but we can sum it up this way: (1) Cuomo has been caught admitting he has imposed an illegal moratorium on new pipelines; (2) Cuomo’s action in blocking the Constitution and other pipelines usurps federal authority; and (3) Cuomo’s actions in blocking pipelines threatens national energy security. It’s not often we get the inside thinking of one of the key players in a high-profile lawsuit. Read the following and learn…
    Read More “Insider Reveals What’s Really Going On in NY Constitution Pipe Case”

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    Desperate Riverkeeper Files Multiple Lawsuits re PennEast Pipe

    Knowing that the PennEast Pipeline project is about to become reality, a very desperate THE Delaware Riverkeeper (aka Maya van Rossum) has launched a major legal attack against the project–using Big Green money. These are not the first legal filings by Riverkeeper against PennEast. The current strategy appears to be “bury them in legal horse manure.” PennEast Pipeline is a 120-mile pipeline from near Wilkes-Barre, PA to near Trenton, NJ. The planned route passes through Luzerne, Carbon, Northampton, and Bucks counties in PA, and through Mercer and Hunterdon counties in NJ. The pipeline is needed to move PA’s abundant Marcellus gas to markets in NJ. The first “legal maneuver” by Riverkeeper this week was to file a petition for a “Writ of Mandamus” in the D.C. Circuit Court of Appeals, asking the court to force the Federal Energy Regulatory Commission (FERC) to respond to Riverkeeper’s rehearing request on the PennEast project. At the same time, Riverkeeper filed a “Petition for Review” with the D.C. Circuit Court of appeals challenging all of FERC’s orders related to PennEast. It is a full, frontal legal attack by a small organization fronting for other groups like the William Penn Foundation. The question is, will Riverkeeper’s latest attack work?…
    Read More “Desperate Riverkeeper Files Multiple Lawsuits re PennEast Pipe”

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    Unease Over PA Rule of Capture Case Spreads Nationwide

    This much is clear: The “Briggs” court decision in Pennsylvania cannot stand as it is without threatening to end the shale miracle, certainly in Pennsylvania, and perhaps across the country. Some believe we’re making too much of the Briggs decision recently handed down by two judges sitting on PA’s Superior Court (see PA Superior Court Overturns “Rule of Capture” for Marcellus Well and PA “Rule of Capture” Case has Power to Limit Marcellus Drilling). The issue, in brief, is that the Superior Court decision disallows using an age-old principle called the “rule of capture” when it comes to shale drilling and fracking. It opens the door to a myriad of frivolous lawsuits claiming that a fracture, a crack created during fracking, is draining gas from a neighbor’s property without justly compensating the neighbor for the gas. Southwestern successfully argued in a lower court that the odd crack here and there that may slip under a neighbor’s property is permissible. The landowner appealed to Superior Court and three judges heard the case. Two of them voted to overturn the lower court decision in favor of Southwestern and sent the case back to a lower court where the landowners (the Briggs) now have to prove Southwestern trespassed and work out how much gas they believe was “taken.” Southwestern has asked the full Superior Court–all 20 judges–to hear the case again. No word yet on whether that will happen. We have, from the beginning, considered the Briggs decision to be an existential threat to the Marcellus industry in PA. In a recent Bloomberg article, some experts believe the threat has the potential to spread beyond PA. Below we explain how might happen, and provide some historical perspective on the rule of capture…
    Read More “Unease Over PA Rule of Capture Case Spreads Nationwide”

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    FERC Rejects Rehearing Request from Antis re MVP, ACP Projects

    Last September a group of 57 gentry landowners in Virginia and West Virginia, backed by an out-of-state Big Green group, sued the Federal Energy Regulatory Commission (FERC) in an attempt to gut the 80-year old Natural Gas Act that gives FERC the right to grant eminent domain for pipeline projects (see VA, WV Landowners Sue FERC re Pipelines, Seek to Gut Natural Gas Act). Specifically, the colluding landowners oppose Dominion’s $5 billion, 594-mile Atlantic Coast Pipeline (ACP) that will stretch from West Virginia through Virginia and into North Carolina, and EQT’s $3.5 billion Mountain Valley Pipeline project, a 303-mile pipeline that will run from Wetzel County, WV to the Transco Pipeline in Pittsylvania County, VA. The frivolous lawsuit, titled BOLD ALLIANCE, et al. v. FEDERAL ENERGY REGULATORY COMMISSION, et al., was filed in the U.S. District Court for the District of Columbia, which was the wrong court. Only FERC has jurisdiction over the projects and decisions about whether or not they can get built. If a supposedly aggrieved party disagrees with FERC’s decisions, they must first file for a rehearing, and if FERC still refuses, THEN the supposedly aggrieved party can file a lawsuit ONLY with the U.S. Court of Appeals for the District of Columbia. The suers, Big Green group Bold Alliance, filed for a rehearing with FERC. Bold Alliance tried to sidestep the law by moving forward with a lawsuit prematurely. However, the really big no-no is that they filed in U.S. District Court for DC, NOT the Court of Appeals for DC. Big difference. Here’s “the rest of the story”…last Friday FERC rejected Bold Alliance’s request for a rehearing for both MVP and ACP. So we expect the next step is that Bold Alliance will now file an appeal with the correct court, the DC Court of Appeals…
    Read More “FERC Rejects Rehearing Request from Antis re MVP, ACP Projects”

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    Va. State Senator Suing Forest Service for Blocking Illegal Protests

    There is nothing mysterious or complex about the actions taken by a Virginia State Senator, Chap Petersen (Democrat from the swamp, the D.C. area). Petersen is a lawyer and has just sued the U.S. Forest Service because the Forest Service is blocking a road in the Jefferson National Forest, which is their RIGHT to do (they manage it), because down that gravel road are several ILLEGAL TRESPASSERS who refuse to come down from trees that need to be cut down to make way for the federally-approved Mountain Valley Pipeline. There’s nothing complex in understanding that Petersen (did we mention he’s a Democrat?) supports lawlessness and anarchy. Imagine that, a lawmaker who supports people that break the laws he makes. How idiotic is that? Here’s the story of how Virginia Dems in high places continue to flout the laws of our country in their quest to retain political power (and contributions) by currying favor with radical Big Green supporters…
    Read More “Va. State Senator Suing Forest Service for Blocking Illegal Protests”

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    Another Look at “Rule of Capture” Case that Threatens PA Marcellus

    MDN brought you important news in April that the 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 PA Superior Court Overturns “Rule of Capture” for Marcellus Well and PA “Rule of Capture” Case has Power to Limit Marcellus Drilling). The issue, in brief, is that the Superior Court decision disallows using an age-old principle called the “rule of capture” when it comes to shale drilling and fracking. It opens the door to a myriad of frivolous lawsuits claiming that a fracture, a crack created during fracking, is draining gas from a neighbor’s property without justly compensating the neighbor for the gas. Southwestern successfully argued in a lower court that the odd crack here and there that may slip under a neighbor’s property is permissible. The landowner appealed to Superior Court and three judges heard the case. Southwestern, following the decision, petitioned the Superior Court to have all of the sitting justices (called en banc) hear the case (see Southwestern Appeals “Trespass” Case to Entire PA Superior Court). No word yet on whether the Superiors will do it. In the meantime, we spotted an article by the ace lawyers at the Blank Rome law firm discussing the case and its implications. We can’t stress enough just how critical this case is to the future of drilling in Pennsylvania, which is why we bring you the following…
    Read More “Another Look at “Rule of Capture” Case that Threatens PA Marcellus”

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    Antis Weaponize PA Enviro Rights Amendment in Effort to Kill Shale

    AR-15 rifle

    The Pennsylvania Environmental Rights Amendment (ERA), passed by the good citizens of PA in 1971, is a poorly worded piece of legislation with good intentions, adopted in a hurry in response to a disaster. Like all legislation that’s hurried and adopted in response to disasters (natural or man-made), the ERA is deeply flawed. Antis are now using the ERA as a bludgeon–perhaps a better analogy is more like an AR-15 semi-automatic rifle–in their attempt to assassinate the Marcellus Shale industry. Unfortunately, they are having some success in the PA court system. The ERA laid dormant after its adoption until an awful PA Supreme Court decision in 2013 breathed new life into it for antis (see Ongoing Fallout from PA Supreme Court’s Wrong Act 13 Decision). Since that time, antis have sued drillers and pipeline companies a number of times, citing the ERA, and in some cases winning (see PA Anti Strategy: Weaponize Recent Court Ruling Against Shale Dev). Emboldened by these wins, “Article 1, Section 27” as the ERA is known, is being employed in more places, even (especially) outside the court room…
    Read More “Antis Weaponize PA Enviro Rights Amendment in Effort to Kill Shale”

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    Supreme Court Rejects Constitution Pipe Request to Overrule NY

    In January 2018, Williams, builder of the proposed Constitution Pipeline–124-mile pipeline from Susquehanna County, PA to Schoharie County, NY to move Marcellus gas into NY and New England–took their last, best shot at overturning a politically-based decision by the corrupt New York Dept. of Environmental Conservation (DEC) to deny the Constitution necessary water permits to build (see Constitution Pipeline Appeals NY Fight Directly to U.S. Supreme Court). Williams appealed an appeals court decision to the U.S. Supreme Court, hoping against hope that the high court would hear the case–and overturn the appeals court decision, thereby forcing NY to allow pipeline construction. Sadly, the attempt has failed. Yesterday the U.S. Supreme Court denied the petition to hear the case. Let’s be honest, it was a long shot to begin with–the Supremes only hear a handful of cases each year. But still, the decision is disappointing. Unlike antis, when our side loses a court case like this, we acknowledge and accept it. If it had gone the other way, antis would have claimed the court decision was illegitimate and launched illegal actions to block construction–like sitting in the tops of trees. They resort to anarchy, mob rule and bullying when they don’t win. We accept the rule of law and pledge to soldier on and fight another day. That’s the difference between unmoored radicals and people with their heads screwed on straight. So what happens now? Is this truly the end of the line for the Constitution? The project has one, possibly two very slim chances left…
    Read More “Supreme Court Rejects Constitution Pipe Request to Overrule NY”